The 33 hospitals established by the federal government provided medical treatment to Indigenous patients in the hundreds of thousands. In 2018, the national class action Hardy v. Canada (Attorney General) was filed and certified in 2020 for former patients and their families. The class period ranged from Jan. 1, 1936 to Dec. 31, 1981.
The proposed settlement was jointly announced by Minister of Crown-Indigenous Relations and Northern Affairs Gary Anandasangaree and representative plaintiff Ann Cecile Hardy.
“With the signing of this proposed settlement agreement, Canada has agreed to provide individual compensation to former patients who suffered verbal, psychological, physical and/or sexual abuse at a Federal Indian Hospital,” according to a March 6 statement by Crown-Indigenous Relations and Northern Affairs Canada.
“Canada has also agreed to provide $150 million to support healing, wellness, reconciliation, protection of languages, education and commemoration activities, as well as $235.5 million to support research, education and preservation of the history of the Hospitals.”
“Indigenous Services Canada will also be provided $150 million to extend existing mental health and wellness supports to Hardy class members," said the statement. "This approach builds on lessons learned and effective practices for supporting survivors and their families in previous settlements.”
Anandasangaree said the proposed settlement marked a significant milestone to resolve historical Indigenous claims and also represents continued progress towards renewed partnership and healing.
Counsel for the plaintiffs and the federal government were engaged in discussions to resolve the class action out of court over the past five years. They will seek approval for the proposed settlement on June 10-11 in the Federal Court, which will determine whether it is fair, reasonable and in the best interests of the class.
“I am so glad we have finally reached this stage in the settlement agreement… It has been an exhausting process,” said Hardy in the statement. “For me personally, it has taken most of my adult life to come to terms with what Canada did to me when I was a child.”
“I did not start this class action to get paid," she added. "I started it because I needed Canada to acknowledge what it did to us. I'm so glad that has now happened. Because these hospitals caused so much trauma, it was extremely important to me that the compensation process had to be trauma informed.”
Eligible class members will have compensation and other relief available to them on approval. They will also be able to review the proposed agreement and provide their comments to the court. More information will be provided to them in advance of the hearing, including compensation and class member supports, as well as process and timelines.
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