Frequently Asked Questions

A class action settlement is a decision resulting from a lawsuit. One or more people called “Representative Plaintiffs” sue on behalf of others with similar claims. All these people are “Class Members.” The courts resolve the issues for everyone affected. People excluded from lawsuits are those who choose to “Opt-Out.”

The Indian Boarding Homes Program was a program created by the Government of Canada (“Canada”), which placed children from First Nations communities and Inuit villages in other communities (usually non-Indigenous) to stay in private homes for the purpose of attending school. The Indian Boarding Homes Program began in the 1950s. Canada continued to operate the Indian Boarding Homes Program into the early 1990s.

This settlement is in response to two lawsuits in Quebec and in the Federal Court filed on behalf of people who as children suffered loss of language and culture, abuse, and other harms because of their placement in the Indian Boarding Homes Program. The lawsuits sought compensation, recognition, and justice for the experiences and harms suffered by children in the Indian Boarding Homes Program.

On June 28, 2019, the Federal Court certified the Federal Court lawsuit as a national class proceeding. Canada and the court-appointed Representative Plaintiffs agreed to a settlement. On December 11, 2023, the Federal Court approved the Settlement Agreement as fair, reasonable and in the best interests of Class Members.

This means Class Members can apply for financial compensation. To receive compensation under this settlement, Class Members must file claims with the Claims Administrator, who will be responsible for processing and making decisions on the submitted claims. Taking part in this settlement avoids the cost and uncertainty of a trial. There is no delay in obtaining a decision and compensation as Class Members will not need to file individual lawsuits or testify in court. The period during which Class Members will be able to submit a claim is two and a half years after the Implementation Date, plus a possible six-month extension.

In addition to this compensation, Canada is providing fifty million dollars ($50,000,000) to create a foundation that promotes healing and transparency, by formally recognizing the harm caused by the Indian Boarding Homes Program. The foundation will also be used to preserve languages and culture.

The Implementation Date is the date on which the Settlement Agreement becomes effective. Claims can be submitted after the Implementation Date.

The Implementation Date is the latest date of:

1. thirty (30) days after the expiry of the Opt-Out Period; and
2. the day following the last day on which a Primary Class Member may appeal or seek leave to appeal the Approval Order; and
3. The date of the final determination of any appeal brought in relation to the Approval Order.

To be eligible for compensation, the Class Member must have:

1. Been placed in a private home:
   1. during the period of September 1, 1951, to June 30, 1992, for the purpose of attending school (this does not include placements for post-secondary education, such as college or university); or
   2. after June 30, 1992, if Canada was responsible for their placement; and
2. Been placed after June 30, 1992, if Canada was responsible for their placement; and
3. Been alive on or after July 24, 2016; and
4. Submitted their claim prior to the Claim Deadline, which is two years and six months after the Implementation Date. Extensions may be granted in exceptional circumstances during the following six months, as provided for in the Settlement Agreement.

It is important to reach as many potential Class Members as possible. People across the country may be eligible. The Notice of Settlement lets people know about the class action settlement and claims process.

Receiving a Notice of Settlement does not guarantee you are eligible for compensation.

Every Class Member is eligible for a Category 1 payment of $10,000. This is a single payment to anyone who was placed by Canada in the Indian Boarding Homes Program.

Class Members may also apply for compensation for abuse suffered, ranging from $10,000 to $200,000. This is called a Category 2 claim. The compensation paid will depend on the specific harms suffered, such as physical, emotional, or sexual abuse. You may hire a lawyer to help you submit your Category 2 claim. Canada will pay your lawyer an amount of 5% (plus tax) of the Category 2 payment you receive. That payment will not come out of your compensation.

Canada will not pay any lawyer fees for a Category 1 claim.

In addition to this compensation, Canada is providing fifty million dollars ($50,000,000) to create a foundation that promotes healing and transparency, by formally recognizing the harm caused by the Indian Boarding Homes Program. The foundation will also be used to preserve language and culture.

The amount of compensation you receive will depend on what happened to you.

There are two different payments you can submit a claim for:

1. Category 1 – Compensation for Placement in the Indian Boarding Homes Program. Payment for a Category 1 claim is $10,000.
2. Category 2 – Compensation for Abuse. Payment for Category 2 ranges from $10,000 to $200,000 depending on the abuse suffered.

You can submit a claim for both a Category 1 payment and a Category 2 payment. You must submit a Category 1 claim first, but a Category 2 claim can be submitted at the same time or later.

The chart below lists the types of harm and amounts of compensation available in Category 2.

A Claims Administrator is appointed by the court to make sure that claimants get the compensation they are entitled to under the Settlement Agreement. They are responsible for receiving forms, answering questions about the process, and deciding on whether claims are eligible.

The court appointed PricewaterhouseCoopers Inc. as the Claims Administrator for the Indian Boarding Homes Program settlement.

For a Category 1 claim, the compensation is $10,000.

For a Category 2 claim, the compensation will range between $10,000 and $200,000, depending on the abuse suffered as outlined (Category 2A, 2B, 2C, 2D, 2E). This will be determined based on the information you provide in your claim submission.

You can use the eligibility checker available on the Indian Boarding Homes Program Class Action website at https://boardinghomesclassaction.com.

You can also contact the Claims Administrator by email at claims@boardinghomesclassaction.com or call the contact centre at 1-888-499-1144 and a member of the support team can help you.

You give up the right to bring your own lawsuit against Canada regarding your placement in the Indian Boarding Homes Program.

This class action settlement is binding on all Class Members who do not Opt-Out.

If you want to sue Canada on your own for your placement in the Indian Boarding Homes Program, you must Opt-Out. You will need to submit an Opt-Out form before the expiry date, which is Monday July 22, 2024.

To Opt-Out, you can either submit using the online form linked below or complete the PDF form and email or mail it to class counsel (see contact details on the Opt-Out form). Note: If you live outside of Canada, you must use the PDF Form.

To Opt-Out using the online form:

1. Access the online Opt-Out form on the Indian Boarding Homes Class Action website at https://boardinghomesclassaction.com
2. Complete the form online and click “Submit”

To Opt-Out using the PDF form:

1. The PDF Opt-Out form is available on the Indian Boarding Homes Class Action website at https://boardinghomesclassaction.com, or you can call the Claims Administrator at 1-888-499-1144 and have the form sent to you.
2. Completed forms can be sent by email or mail to either class counsel:

    

   For Class Members from provinces and territories other than Quebec:

    

   Klein Lawyers LLP

    

   1385 W 8th Avenue #400

    

   Vancouver, BC V6H 3V9

    

   1-604-874-7171

    

   ibhclassaction@callkleinlawyers.com

    

   For Class Members from Quebec only:

    

   Dionne Schulze s.e.n.c.

    

   507 Place d’Armes, Suite 502

    

   Montreal, QC H2Y 2W8

    

   1-888-232-3778

    

   percival@dionneschulze.ca

We recognize this word may have a negative meaning and the term has been used historically as an outdated reference to Indigenous people.

The term is used here to reference the Indian Boarding Homes Program set up under Canada’s “Indian Act”. The name reflects the dark reality of Canada’s history with Indigenous Peoples. This settlement sheds important light on that history.

For Class Members from provinces and territories other than Quebec:

For Class Members from provinces and territories other than Quebec:

For Class Members from Quebec only:

Canada is paying a class counsel fee to Klein Lawyers LLP and Dionne Schulze s.e.n.c. for their work on behalf of the class, in an amount to be decided by the Federal Court. That payment will not affect the compensation paid to Class Members.

You may hire a lawyer of your choosing to help you submit your Category 2 claim. Canada will pay your lawyer an amount equal to 5% (plus tax) of the Category 2 payment you receive.

The lawyer can request a further 5% from Canada through a motion seeking court approval. If approved, Canada will pay for this legal assistance in addition to the compensation paid to you. These payments will not come out of your compensation.

Canada will not pay any lawyer fees for a Category 1 claim.

A Statutory Declaration for this process is a document that you and a guarantor sign if you do not have a valid government ID, or if you need to attest to the nature of your relationship with a deceased Class Member. It states that the information you provide in the form is true, to the best of your knowledge.

A Guarantor is the person who is present when you sign the Statutory Declaration. The Guarantor is not required to read the form or verify the accuracy of any of the events you describe.

It can be any of the following:

There are two types of claims in this class action settlement:

1. Category 1 – Compensation for Placement in the Indian Boarding Homes Program.
2. Category 2 – Compensation for Abuse.

A Category 1 claim must be submitted first with a Category 2 claim submitted at the same time or a later date.

You can submit your claim in the following ways:

• Online: https://boardinghomesclassaction.com
• By emailing your completed claim form to: claims@boardinghomesclassaction.com
• By faxing your completed claim form to: 1-833-912-5047
• By mailing your completed paper claim form to:

  Attn: Indian Boarding Homes Class Action
  18 York Street, Suite 2500,
  Toronto, Ontario, Canada
  M5J 0B2

The links to download the claim forms are available on the Indian Boarding Homes Program Class Action website at https://boardinghomesclassaction.com. Claim forms are also available by calling the Claims Administrator at 1-888-499-1144.

The Claims Administrator will review your claim and determine whether you are eligible to receive compensation.

If your claim is rejected or assessed at a lower compensation level, you can file for reconsideration.

1. Individuals who were placed by Indigenous governing bodies after June 30, 1992; or
2. Individuals who died before July 24, 2016

The claim forms are available on the Indian Boarding Homes Program Class Action website at https://boardinghomesclassaction.com. Forms are also available by calling the Claims Administrator at 1-888-499-1144.

The claim forms can be completed through the online claim portal or using a PDF electronic form and submitting be email or by mail.

If you do not use the online portal send your completed form in one of the following ways:

• By emailing your completed claim form to: claims@boardinghomesclassaction.com
• By faxing your completed claim form to: 1-833-912-5047
• By mailing your completed paper claim form to:

  Attn: Indian Boarding Homes Class Action
  18 York Street, Suite 2500,
  Toronto, Ontario, Canada
  M5J 0B2

You can ask a friend or family member to help you complete the form.

You can hire a lawyer to submit your claim on your behalf, or a personal representative can submit a claim on your behalf if you are a Person Under Disability. A Person Under Disability is a person who is unable to manage or make reasonable judgments or decisions by reason of mental incapacity.

You will need to provide:

• A copy (front and back) of one piece of Government ID. Accepted pieces of ID are:
  • Passport
  • Driver’s License
  • Provincial and Territorial Photocard (for example Ontario Photo Card)
  • Certificate of Indian Status (Status Card)
  • Inuit Beneficiary Card
  • Health Card that has a photo (Quebec only)
• Your contact details
• Documentation confirming your representative status (such as a Proof of appointment as a guardian or trustee by a court).

There are separate claim forms for estates.

You will need to provide:

• A copy (front and back) of one piece of Government ID. Accepted pieces of ID are:
  • Passport
  • Driver’s License
  • Provincial and Territorial Photocard (for example, Ontario Photo Card)
  • Certificate of Indian Status (Status Card)
  • Inuit Beneficiary Card
  • Health Card that has a photo (Quebec only)
• Your contact details
• Proof of death of the Class Member (either a Statement of Death issued by a funeral home or a Death Certificate)
• Proof of appointment as an executor (Certificate of appointment as executor / estate trustee / liquidator; Appointment of administrator / executor by Indigenous Services Canada)

You will need to provide:

• A copy (front and back) of one piece of your client’s Government ID. Accepted pieces of ID are:
  • Passport
  • Driver’s License
  • Provincial and Territorial Photocard (for example, Ontario Photo Card)
  • Certificate of Indian Status (Status Card)
  • Inuit Beneficiary Card
  • Health Card that has a photo (Quebec only)
• Your contact details
• Proof of your active law society membership
• A void cheque or a direct deposit form from your bank (if you are assisting with a Category 2 claim).

The protocol regarding payment of individual legal fees can be found on the Indian Boarding Homes Class Action website at https://boardinghomesclassaction.com.

As a friend or family member assisting a Class Member, you can help them to complete the Individual Claimant claim form and will not have to provide your personal information.

You can ask a friend or family member to help you fill out the claim form, or you can hire a lawyer to submit your claim on your behalf for Category 2 claims.

If you hire a lawyer of your choosing to help you submit your Category 2 claim, Canada will pay your lawyer an amount equal to 5% (plus tax) of the Category 2 payment received and will not come out of your compensation. Canada will not pay any lawyer fees for a Category 1 claim.

Yes. If you need help finding a lawyer to assist you with your claim form, you can:

1. Contact Class Counsel at:

   Quebec: 1-888-232-3778

   Provinces and Territories other than Quebec:  1-604-874-7171

2. Contact your provincial/territorial bar association.

   Below is a list of provincial and territorial law societies with their contact information. Please contact the society in the province or territory where you live for help finding a lawyer for legal support.

   Alberta

   1-800-661-9003

   British Columbia

   1-800-903-5300

   Manitoba

   1-855-942-5571

   New Brunswick

   506-458-8540

   Newfoundland & Labrador

   709-722-4740

   Nova Scotia

   902-422-1491

   Ontario

   1-800-668-7380

   Prince Edward Island

   902-566-1666

   Quebec

   1-844-954-3411

   Saskatchewan

   1-833-733-0133

   Northwest Territories

   1-867-873-3828

   Nunavut

   1-844-979-2330

   Yukon

   1-867-668-4231

If a Class Member hires a lawyer to assist with their claim, Canada will pay that lawyer a separate amount equal to 5% of the Category 2 payment the Class Member receives. The lawyer can also apply for up to a further 5% paid by Canada with court approval. Canada will pay for this legal assistance in addition to the compensation paid to you.

No payment for legal fees will come out of your compensation unless you specifically agree, and the lawyer obtains a court order approving such payment.

If a Class Member died on or after July 24, 2016, and their claim was submitted before their death, any compensation will be paid to the Estate.

If a Class Member died on or after July 24, 2016, and had not yet submitted a claim, their Executor / Administrator / Trustee / Liquidator can submit a claim on their behalf and any compensation will be paid to the Estate.

If there is no Executor / Administrator / Trustee / Liquidator, the compensation will be paid in accordance with the Court-approved estates protocol. You can locate the estates protocol on the Indian Boarding Homes Class Action website at https://boardinghomesclassaction.com.

No claim can be made for a Class Member who died before July 24, 2016.

You must provide the following documents with your claim form:

• A copy (front and back) of one piece of Government ID. Accepted pieces of ID are:
  • Passport
  • Driver’s License
  • Provincial and Territorial Photocard (for example Ontario Photo Card)
  • Certificate of Indian Status (Status Card)
  • Inuit Beneficiary Card
  • Health Card that has a photo (Quebec only)
• A void cheque or a direct form from your bank (if you choose to be paid by direct deposit instead of cheque).

If you do not have government-issued photo identification, you must complete the statutory declaration in the claim form.

If you do not provide a phone number or email address, we will communicate with you by mail.

You can submit a claim any time between the Implementation Date and the Claim Deadline, which is two years and six months after the Implementation Date.

You can submit a request for a deadline extension which will be reviewed by the Exceptions Committee. The extension request forms will be available only after the deadline has passed. Your extension request and claim form must be submitted within six months of the Claim Deadline. Extension request forms and claim forms sent after that date will not be considered.

An acknowledgement will be sent within 4 to 8 weeks to let you know that your claim was received. If you do not receive a confirmation within 4 to 8 weeks of submitting your claim, please contact the Claims Administrator to verify that your claim was received.

The Claims Administrator will process your claim to determine whether you are eligible to receive compensation. Throughout this process you may check on the status of your claim through the website, by phone, email, or mail.

On the claim form you will select whether to receive a cheque, or to have the payment deposited directly into your bank account.

An acknowledgement will be sent to let you know your claim was received. The Claims Administrator will process your claim to determine whether you are eligible to receive compensation. Throughout this process you may check on the status of your claim through the website, by phone, email, or mail.

There will be thousands of claims submitted and the process is expected to take several months for review. In addition, Category 1 claims must be reviewed before your Category 2 claim can be processed. Claim forms submitted without all the required information cannot be processed until the information is received. If your claim is missing information, the Claims Administrator will advise you by email or mail. Please inform the Claims Administrator of any changes in your contact information until you receive payment.

Settlement money should not impact social assistance you may be receiving.

Throughout this process you may check on the status of your claim through the website, by phone, email, or mail.

If your claim is denied you will be notified by email or mail, depending on the preferred contact method you indicated.

You can file for a reconsideration by the Independent Reviewer. The denial notification will include a deadline by which you must file a reconsideration request and a copy of the reconsideration form. You will be able to add more information in your reconsideration form if you wish.

You can appeal by filing for a reconsideration by the Independent Reviewer. Your notification of approval at a lower compensation level will include a reconsideration form and deadline by which you must file a reconsideration if you choose. You will be able to add more information in your reconsideration form to support your request.

If you need mental health assistance or emotional support, please contact Hope for Wellness at 1-855-242-3310 or online at www.hopeforwellness.ca.

More information on the health services available and how to access supports can be found at:  https://boardinghomesclassaction.com/resources.

The security and privacy of Class Member information is of the highest importance.

Any personal information received will be kept confidential and not be used for any purpose other than the Settlement process. If you have any questions, please visit the Indian Boarding Homes Program Class Action website at www.boardinghomesclassaction.com or call the Claims Administrator’s contact centre at 1-888-499-1144.

• Resources and contact information are available on the Indian Boarding Homes Program Class Action Website at https://boardinghomesclassaction.com

• The Claims Administrator is reachable at:

  Email:

  claims@boardinghomesclassaction.com

  Phone:

  1-888-499-1144

  Mail:

  Attn: Indian Boarding Homes Class Action

   

  18 York Street, Suite 2500,

   

  Toronto, Ontario, Canada

   

  M5J 0B2

• Class Counsel is reachable at:

  • For class members from provinces or territories other than Quebec:

    Email:

    ibhclassaction@callkleinlawyers.com

    Phone:

    1-604-874-7171

    Mail:

    Attn: Indian Boarding Homes Class Action

     

    Klein Lawyers LLP

     

    1385 W 8th Avenue #400

     

    Vancouver, BC V6H 3V9

  • For class members from Quebec (only):

    Email:

    percival@dionneschulze.ca

    Phone:

    1-888-232-3778

    Mail:

    Attn: Indian Boarding Homes Class Action

     

    Dionne Schulze

     

    507 Place d’Armes, Suite 502 

     

    Montreal, QC H2Y 2W8

The Claims Administrator’s call centre will be open from 9am to 7pm EST, Monday to Friday. You can mail or email at any time.

Services are available in English and French. Best efforts will be made if additional language support is required.

You can contact the Claims Administrator with any questions about the class action settlement or the claim process.

They can also provide contacts for mental health or legal support services.

The average wait time for calls to the Claims Administrator’s call centre will depend on the volume of calls. If there is a wait, you can request a callback.

You can also schedule a call during regular operating hours by emailing your request to claims@boardinghomesclassaction.com.

Calls to the Claims Administrator’s call centre are not recorded.

Any personal information received will be kept confidential and not be used for any purpose other than the Settlement process or to acknowledge and record your Opt-Out of the Class Action. If you have any questions, please visit the Indian Boarding Homes Program Class Action website at https://boardinghomesclassaction.com or call the Claims Administrator’s call centre at 1-888-499-1144.

The Claims Administrator will destroy all Class Member information and documentation in its possession on a schedule beginning no sooner than two years after completing the compensation payments, according to a protocol to be developed by the Parties and approved by the Court. The protocol to be approved by the Court will provide a right for a Class Member or their Estate Executor or Personal Representative to specifically request the return to them of their information and documentation by the Claims Administrator.

Please note that documents included with your application should be copies, not originals.