First Nations Child and Family Services and Jordan's Principle Settlement
Reviewed by Marty Mikhail, lawyer licensed by the Law Society of OntarioLast verified How we verify
Status
Claims openEstimated Payout
$40,000 or more
Claim deadline
See all 4 forms
- Claim Form A: Removed Child ClassUse this Claim Form if you are a Removed Child Class Member submitting a Claim for yourself; or a Personal Representative of a Removed Child Class Member who is a Person Under Disability.
- Claim Form B: Representative of a Deceased Removed ChildThis form is for a Representative, either an estate executor or an heir, filing a claim on behalf of a deceased Removed Child.
- Claim Form C: Caregiving Parent or Caregiving Grandparent of a Removed ChildThis form is for a Caregiving Parent or Caregiving Grandparent claiming compensation for a Removed Child.
- Claim Form D: Representative of a Deceased Caregiving Parent or Caregiving Grandparent of a Removed ChildThis form is for a legally appointed representative or heir filing a claim on behalf of a deceased caregiving parent or grandparent.
Claim.ca does not recommend any specific form. Always verify which form applies to your situation against the official settlement notice and contact the claims administrator if you have questions.
About this claim
If you are a First Nations person who, as a child between 1991 and 2022, was removed from your home on reserve or in the Yukon and placed into care, or who was confirmed to need an essential service between 1991 and 2017 and did not receive it in time, or if you are a caregiving parent or grandparent of such a child, you may be eligible for a cash payment from the $23.34 billion settlement.
See the questions the eligibility checker asks
The checker asks these questions. Use the Check Eligibility button to answer them and see a result.
- Are you (or is the person you are claiming for) a First Nations person, or the caregiving parent or grandparent of a First Nations child?
- Between April 1, 1991 and March 31, 2022, was the child removed from their home by child welfare authorities, voluntarily placed into care, or placed off-reserve with a non-family caregiver?If the child instead faced a delay or denial of an essential service, answer the next question.
- Alternatively, was the child confirmed to need an essential service but faced a delay, denial or gap in receiving it between April 1, 1991 and November 2, 2017?You qualify through either the removal route or the essential service route; you do not need both.
- For a removal claim, was the child or a caregiving parent or grandparent ordinarily resident on a reserve in Canada or anywhere in the Yukon at the time?Removals from the Northwest Territories are not covered under this settlement.
Removed Child Class
- Are you (or is the person you are claiming for) a First Nations person?
- Were you removed from your home as a child by child welfare authorities, or voluntarily placed into care, between April 1, 1991 and March 31, 2022?
- At the time of removal, were you or your caregiving parent(s) or grandparent(s) ordinarily resident on a reserve in Canada or anywhere in the Yukon?Removals from the Northwest Territories are not covered under this settlement.
- Was the placement funded by Indigenous Services Canada (ISC)?
Removed Child Family Class
- Are you the caregiving parent or grandparent of a child who was removed from their home?Birth, adoptive and step parents are included; foster parents are not.
- Are you claiming as a foster parent of the child?
Jordan's Principle, Trout Child and Essential Service Classes
- Are you (or is the person you are claiming for) a First Nations person who was a child at the relevant time?
- Were you confirmed to need an essential service?
- Did you face a delay, denial or gap in receiving that essential service between April 1, 1991 and November 2, 2017?
Kith Child and Kith Family Classes
- Were you (or the person you are claiming for) a First Nations child placed off-reserve with a non-family caregiver?
- Is it the case that the caregiver did not receive any funding related to the placement?
- Was a Child Welfare Authority involved at the time of the placement?
Read more
These class actions concerned Canada's treatment of First Nations children. Children living on reserve or in the Yukon were removed from their homes by child welfare agencies and placed in out-of-home care between April 1, 1991 and March 31, 2022. Other First Nations children were denied timely access to essential services they were confirmed to need between April 1, 1991 and November 2, 2017, contrary to a legal rule known as Jordan's Principle. The Canadian Human Rights Tribunal found in 2016 that Canada's underfunding of these services was discriminatory.
The Federal Court approved the Settlement Agreement on October 24, 2023. Canada will pay $23.34 billion in compensation to impacted First Nations children and some of their family members, the largest settlement in Canadian history. A $50 million fund will also assist First Nations children and families impacted by Canada's discrimination, and an additional $90 million fund will benefit high-needs Jordan's Principle class members to support their personal dignity and well-being.
Claim types
This case covers more than one type of claim. Each has its own payment, proof requirements, and eligibility. Review the type that applies to you.
Removed Child Class
For First Nations children who, while under the age of majority between April 1, 1991 and March 31, 2022, were living on a reserve or in the Yukon and were removed from their homes by child welfare authorities or voluntarily placed into care, where the placement was funded by Indigenous Services Canada.
Proof: ID required
Who qualifies
- First Nations child under the age of majority between April 1, 1991 and March 31, 2022
- Living on a reserve in Canada or anywhere in the Yukon, or a caregiving parent or grandparent was ordinarily resident on reserve or in the Yukon
- Removed from the home by child welfare authorities or voluntarily placed into care
- The placement was funded by Indigenous Services Canada (ISC)
- Removals from the Northwest Territories are not covered
Removed Child Family Class
For the caregiving parent or grandparent of a First Nations child who was removed from their home between April 1, 1991 and March 31, 2022. This includes birth, adoptive and step parents, but does not include foster parents.
Proof: ID required
Who qualifies
- Caregiving parent or grandparent of a child who experienced removal from their home
- Includes birth, adoptive and step parents
- Does not include foster parents
Jordan's Principle, Trout Child and Essential Service Classes
Claims are not yet open for these classes; forms and deadlines will be announced by the Administrator. For First Nations children, living on-reserve or off-reserve, who were confirmed to need an essential service but faced a delay, denial or gap in receiving that essential service between April 1, 1991 and November 2, 2017.
Proof: Proof requirements to be determined
Who qualifies
- First Nations child, living on-reserve or off-reserve
- Confirmed to need an essential service
- Faced a delay, denial or gap in receiving that essential service between April 1, 1991 and November 2, 2017
Kith Child and Kith Family Classes
Claims are not yet open for these classes; forms and deadlines will be announced by the Administrator. For First Nations children placed off-reserve with a non-family caregiver who did not receive any funding related to the placement while a Child Welfare Authority was involved, and for the caregiving parents or grandparents of those children.
Proof: Proof requirements to be determined
Who qualifies
- First Nations child placed off-reserve with a non-family caregiver
- The caregiver did not receive any funding related to the placement
- A Child Welfare Authority was involved at the time of the placement
- Caregiving parents or grandparents of Kith Child Class children are included in the Kith Family Class
How to Submit Your Claim
- Online claims portal (recommended)https://www.portal.fnchildclaims.ca
- Submit by Email[email protected]
- Submit by Fax416-815-2723
- Submit by MailSettlement Administrator, PO Box 2500 STN MAIN, Newmarket, ON L3Y 0H9
Claim Administrator
- Settlement Administrator - First Nations Child and Family Services and Jordan's Principle Settlement (Deloitte)
- Claims support and claim form assistance1-833-852-0755
- Websitehttps://www.fnchildclaims.ca
- Email[email protected]
- Fax416-815-2723
- MailSettlement Administrator, PO Box 2500 STN MAIN, Newmarket, ON L3Y 0H9
Class Counsel
- Sotos LLP
- Kugler Kandestin LLP
- Miller Titerle + Co.
- Nahwegahbow, Corbiere
- Fasken Martineau DuMoulin LLP
Class members can get free help with their claim from the claims administrator listed above.
Settlement Notices
Proceedings covered by this settlement
One settlement agreement resolves two Federal Court class proceedings: the consolidated Moushoom and Assembly of First Nations action, and the separate Trout action covering earlier Jordan's Principle claims. The agreement also satisfies the compensation orders made by the Canadian Human Rights Tribunal in the complaint that first found Canada's conduct discriminatory.
- Moushoom v. Attorney General of CanadaFederal Court · T-402-19
- Assembly of First Nations v. Attorney General of CanadaFederal Court · T-141-20
- First Nations Child and Family Caring Society of Canada and Assembly of First Nations v. Attorney General of CanadaCanadian Human Rights Tribunal · T1340/7008
Settlement approved by the Federal Court on October 24, 2023 (Moushoom c. Canada (Procureur général), 2023 FC 1466). T-402-19 and T-141-20 were consolidated and certified on November 26, 2021; T-1120-21 was certified on February 11, 2022.
Opting out
The deadline to opt out was and has passed. Opting out is no longer available. Class members who did not opt out remain in the class and are bound by the outcome.
Objecting
Objecting means staying in the class action but telling the court you disagree with something about the proposed settlement, such as the amount, the legal fees, or how the money is divided. The court considers objections when deciding whether to approve the settlement. Objecting is not the same as opting out: if you object, you remain a class member and are bound by the settlement if the court approves it.
The period for objecting to the settlement closed before the approval hearing. The Federal Court approved the Settlement Agreement on October 24, 2023, and it is binding on all class members who did not opt out.
Remind me before this claim closes
Drop in your email and you'll get two reminders before the First Nations Child and Family Services and Jordan's Principle Settlement deadline of : one 30 days out, one 7 days out. That's it. No account needed.
Frequently Asked Questions
How much compensation will I receive?
Canada will pay $23.34 billion in compensation to impacted First Nations children and some of their family members. Most classes receive a base payment of $40,000. Children who were removed from their homes may also receive an enhancement payment based on their age at removal, time in care and other factors. Some classes receive up to $20,000 or $40,000 depending on the number of approved claims. Payments are not taxable.
What is the deadline to file a claim?
Claim Forms for the Removed Child Class and the Removed Child Family Class must be submitted by March 10, 2028. If the Removed Child is currently under the age of majority, the form may be submitted starting two years before they reach the age of majority, and the deadline is the later of three years after they reach the age of majority or March 10, 2028. Claims are not yet open for the Jordan's Principle, Trout, Essential Service and Kith classes; each will have its own deadline once it opens.
How do I file a claim?
You can fill out and submit a Claim Form online at www.portal.fnchildclaims.ca (recommended), or send it by email to [email protected], by fax to 416-815-2723, or by mail to Settlement Administrator, PO Box 2500 STN MAIN, Newmarket, ON L3Y 0H9. Support to complete the form is available from the Administrator at 1-833-852-0755 at no cost to you.
What proof do I need to provide?
You must attach a photocopy, scan or photo of the class member's government identification, such as an Indian Status Card or driver's licence; photo ID is preferred. Do not send originals. By signing the form you also authorize Child Welfare Authorities to share records with the Administrator to verify the claim, so you do not need to gather child welfare records yourself.
What help is available if the claims process is difficult for me?
Claims support services are available from the Administrator at 1-833-852-0755 at no cost. If you are experiencing emotional distress, culturally competent counsellors are available 24 hours a day through the Hope for Wellness Helpline at 1-855-242-3310 or online at www.hopeforwellness.ca.
Stay informed about future claims.
New class action claims open across Canada throughout the year. Join the monthly digest and you'll get a short list of new claims once a month. Free, and no account needed: a working email address is all it takes. Your email is never shared and you can unsubscribe with one click.