Please note that the claims process is not yet open at this time. Claims forms will be available if the Court approves the settlement. The form on this webpage is not a claims form.
Important updates
On June 28, 2019, the Federal Court certified the Indian Boarding Homes lawsuit as a class proceeding.
On December 7, 2022, the parties reached an Agreement in Principle to settle the case.
On September 12, 13, and 14, 2023, the Federal Court held a Settlement Approval Hearing.
The court hearing to consider the fairness of the proposed Settlement Agreement proceeded as scheduled on September 12 to 14, 2023 in the Federal Court of Canada in Vancouver before Justice Pamel. The plaintiffs presented evidence in support of the Settlement Agreement. For the settlement to go ahead, it must be approved by the court as fair and reasonable. At the conclusion of the hearing, Justice Pamel indicated that he would take some time to review the evidence before providing his decision. The decision will be posted when available.
Introduction
The Indian Boarding Home Program was an educational program in which the Government of Canada placed children from First Nations communities and Inuit villages in other communities (usually non-Indigenous) to stay with private families for the purpose of attending school. The class action alleges that Canada’s actions in creating, operating, and maintaining the Indian Boarding Home Program were wrong. These actions created an environment where children were abused, harassed, and suffered other harms. The prolonged absence from family and community also caused loss of culture, language, and community bonding.
The classes are defined as:
- Primary Class - Individuals who were placed in private homes, during the period of September 1, 1951 and June 30, 1992, for the purpose of attending school, not including placements for post-secondary education. Individuals placed after June 30, 1992, are also included if Canada was responsible for their placement.
- Family Class - Members of the individual’s family who lost the guidance, care, or companionship they could expect from the individual.
For further certainty, the primary class includes, among others, placements for the purpose of attending elementary school and high school.
An individual who was placed in a private home without government involvement is not included in this settlement; individuals who were placed by Indigenous governing bodies after June 30, 1992, are not included.
To be eligible for compensation, the Primary Class Member must have been alive on July 24, 2016.
If you want more information about your rights and options, information about the settlement and details about the settlement approval process in the Indian Boarding Homes Class Action, please read the Long Form Notice or consult the Settlement Agreement.
Court documents:
- Court Order (dated 10 03 2023)
- Case Management Order
- Notice of Motion (filed 07 24 2023)
- Affidavit of A. Thompson Klein (sworn 07 24 2023)
- Affidavit of R. Percival (sworn 07 13 2023)
- Affidavit of L. Langlois (sworn 07 24 2023)
- Affidavit of A. McKay (sworn 07 23 2023)
- Affidavit of I. McKay (sworn 07 23 2023)
- Affidavit of L. Watts (sworn 07 21 2023)
- Affidavit of K. Weistche (sworn 07 21 2023)
- Affidavit of D. Cheechoo (sworn 07 20 2023)
- Affidavit of K. Ford (affirmed 08 11 2023)
- Affidavit of P. Gorham (sworn 08 10 2023)
- Certification Order
- Settlement Agreement
- Short Form Notice
- Long Form Notice
If you do not want to receive compensation under the settlement and wish to keep your right to bring your own lawsuit regarding your participation in the Boarding Homes Program, you must submit an Opt Out form before expiry of the Opt Out period. To submit an opt out, please follow the instructions below and submit the completed form to one of the law firms listed below. The Opt Out Deadline will be sixty (60) days after the Federal Court approves the Settlement Agreement.
To submit an Opt Out Form, use one of the two following options:
Note: if you live outside Canada, you must use the PDF Opt Out Form.
*Acrobat Reader (to view, fill and save PDF form)
Contact counsel
Klein Lawyers LLP (class members from provinces other than Quebec)
1385 W 8th Avenue #400
Vancouver, BC V6H 3V9
1-604-874-7171
ibhclassaction@callkleinlawyers.com
Dionne Schulze (class members from Quebec)
507 Place d’Armes, Suite 502
Montreal, QC H2Y 2W8
1-514-842-0748
percival@dionneschulze.ca