Frequently Asked Questions
The Settlement
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 is 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 can submit a claim is from August 21, 2024 to February 22, 2027
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 was August 21, 2024. The Implementation Date signaled the start of the period during which Class Members could submit a claim.
To be eligible for compensation, the Class Member must have:
- Been placed in a private home:
- 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
- after June 30, 1992, if Canada was responsible for their placement; and
- Been alive on or after July 24, 2016; and
- 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.
People placed in the Indian Boarding Homes Program were usually Indian and Inuit children. Some Métis children may have been included in the program on a limited basis. If you are Métis and were placed in a private home to attend primary or secondary school by the Government of Canada, you may be a class member and are eligible to apply.
Please note that only placements by the federal government and in private homes are eligible under this settlement. Foster care placements for child welfare purposes are not considered to be by the federal government and residence in an Indian Residential School, Boarding School, or Hostel is not considered to be in a private home.
In your Category 1 form, you can write that you are Métis when you are asked to provide your Indian status card number or Inuit disc number.
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:
- Category 1 – Compensation for Placement in the Indian Boarding Homes Program. Payment for a Category 1 claim is $10,000.
- 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.
Caution
The following information provides examples of the types of harm some children placed in the Indian Boarding Homes Program may have experienced. The material may be offensive and traumatizing for some. Please proceed with caution and seek support as needed.
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.
Category 2A – $10,000
- Sexual comments or sexualized provocation; OR
- Unreasonable or disproportionate acts of discipline or punishment; OR
- One or more incidents of mocking, denigration (such as belittling, or abusive language), humiliation or shaming; OR
- Threats of violence or intimidating statements or gestures; OR
- One incident of abuse, such as:
- Unreasonable confinement (e.g., being locked in a room); or
- Being deprived of food, medical care, adequate clothing, heating, or bedding; or
- Being forced to do unpaid labour (in excess of normal domestic tasks); or
- Being forced to consume alcohol, narcotics, or noxious (poisonous) substances; or
- Being prevented from attending school.
Category 2B – $50,000
- One or more incidents of:
- Forced exposure to pornography; or
- Nude photographs taken; or
- Individuals exposing themselves; or
- Touching genitals or private parts (directly or through clothing), fondling, or kissing; or
- Simulated intercourse; OR
- One or more physical assaults causing:
- Serious but temporary harm (such as a black eye, bruise, abrasion, laceration, or incapacitation that led to or should have led to bed rest); or
- Minor impairment or disfigurement that was not permanent (such as loss of consciousness or broken bones, loss of or damage to teeth); OR
- Two or more incidents of abuse, such as:
- Unreasonable confinement (e.g., being locked in a room); or
- Being deprived of food, medical care, adequate clothing, heating, or bedding; or
- Being forced to do unpaid labour (in excess of normal domestic tasks); or
- Being forced to consume alcohol, narcotics, or noxious substances; or
- Being prevented from attending school.
Category 2C – $100,000
- One incident of:
- Masturbation; or
- Oral or attempted oral intercourse; or
- Attempted penetration (including vaginal or anal, digital penetration or penetration with an object); OR
- Recurring physical assaults causing:
- Serious but temporary harm (such as a black eye, bruise, abrasion, laceration, or incapacitation that led to or should have led to bed rest); or
- Minor impairment or disfigurement that was not permanent (such as loss of consciousness, broken bones, loss of or damage to teeth).
Category 2D – $150,000
- One incident of penetration (including vaginal or anal, digital penetration or penetration with an object); OR
- Two or more incidents of:
- Attempted oral intercourse; or
- Attempted penetration; OR
- One or more physical assaults causing permanent or long-term mental or physical impairment, injury, or disfigurement.
Category 2E – $200,000
- Two or more incidents of:
- Masturbation; or
- Oral intercourse; or
- Penetration (including vaginal or anal, digital penetration or penetration with an object); OR
- Any pregnancy resulting from an incident of sexual assault (including pregnancy interrupted by miscarriage or therapeutic abortion); OR
- One or more physical assaults causing permanent mobility loss or brain injury.
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 have Opted-Out before the expiry date. The Opt-Out form expiry date was Monday July 22nd, 2024.
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:
Klein Lawyers LLP
1385 W 8th Avenue #400
Vancouver, BC V6H 3V9
1-604-874-7171
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
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:
- Border Service Officer
- Certified Aboriginal Financial Manager
- Certified / Registered Accountant
- Commissioner of Oaths
- Correctional Officer
- Chief / Hereditary Chief
- Clan Mother
- Midwife
- Federal or Provincial Court Judge or Justice of the Peace
- Government Councillor, including Chief or Band Councillor
- Indian Registration Administrator
- Indigenous / Aboriginal Liaison Officer
- Inuit Community Leader / First Nations Elder / Traditional Practitioner
- Lawyer
- Licensed Medical Doctor / Physician
- Northern Villages’ Secretary Treasurer
- Notary Public
- Peace Officer
- Pharmacist
- Police Officer
- Psychologist / Psychiatrist
- Registered Clinical Counsellor
- Registered Occupational Therapist
- Registered Social Worker
Contacting Us
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.
- 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:
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 is open from 9am to 7pm EST, Monday to Friday, except for statutory holidays. 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.
The Claims Process
There are two types of claims in this class action settlement:
- Category 1 – Compensation for Placement in the Indian Boarding Homes Program.
- 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.
- Individuals who were placed by Indigenous governing bodies after June 30, 1992; or
- 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:
- Contact Class Counsel at:
Quebec: 1-888-232-3778
Provinces and Territories other than Quebec: 1-604-874-7171
- 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:
Telephone
1-800-661-9003
British Columbia:
Telephone
1-800-903-5300
Manitoba:
Telephone
1-855-942-5571
New Brunswick:
Telephone
506-458-8540
Newfoundland & Labrador:
Telephone
709-722-4740
Nova Scotia:
Telephone
902-422-1491
Ontario:
Telephone
1-800-668-7380
Prince Edward Island:
Telephone
902-566-1666
Quebec:
Telephone
1-844-954-3411
Saskatchewan:
Telephone
1-833-733-0133
Northwest Territories:
Telephone
1-867-873-3828
Nunavut:
Telephone
1-844-979-2330
Yukon:
Telephone
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 August 21, 2024 (the Implementation Date) and February 22, 2027 (the Claim Deadline).
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 by contacting the Claims Administrator. The Administrator will send you the status of your claim by 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.
You are not permitted to request a level of compensation that is higher than what you indicated on your claims form. Before you submit your Category 2 claim, please make sure you have included all of the details necessary to select the compensation level that best reflects the class member’s harms.
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.
Complete claim forms submitted to the Administrator are considered to be final submissions. If the Administrator requires your forgotten information to assess your claim, they will contact you to provide you with a Missing Information Form. Only information provided with a Missing Information Form can be attached to your claim.
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 www.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 developed by the Parties and approved by the Court. The approved protocol provides a right for a Class Member or their Estate Executor or Personal Representative to specifically request the return of their information and documentation by the Claims Administrator.
Please note that documents included with your application should be copies, not originals.