Assembly of First Nations: Assembly of First Nations (AFN) Bulletin – Claims Process Launch for First Nations Child and Family Services and Jordan’s Principle Settlement

Assembly of First Nations (AFN) Bulletin – Claims Process Launch for First Nations Child and Family Services and Jordan's Principle Settlement

Summary:

• On December 12, 2024, the Federal Court approved a launch date for the first claims period for those affected by discrimination in the First Nations Child and Family Services Program and narrow application of Jordan's Principle class action settlement.
• The first claims period will open on March 10, 2025, and applies to the Removed Child and Removed Child Family classes.
• Individuals who may be eligible for compensation under the period opening March 10, 2025, include First Nations individuals who were removed from their homes as Children between April 1, 1991, and March 31, 2022, while living on reserve or in the Yukon and placed into care funded by Indigenous Services Canada, as well as their Caregiving Parents or Caregiving Grandparents.
• The Removed Child and Removed Child Family classes are two of the nine classes under the final settlement agreement on compensation. The additional classes will have claims periods to be determined at a future date.
• Help is available to support applicants with the claims process. Visit www.fnchildclaims.ca for more information.

On December 12, 2024, the Federal Court of Canada issued a letter of decision regarding the class action settlement agreement for First Nations individuals affected by discrimination in the First Nations Child and Family Services (FNCFS) Program and narrow application of Jordan's Principle. The letter of decision approved the opening of the first claims period, which will begin March 10, 2025.

Eligibility and Application

This claims period will apply to the Removed Child and Removed Child Family classes. The first two Classes include First Nations individuals who were removed from their homes as Children between April 1, 1991, and March 31, 2022, while living on reserve or in the Yukon and placed into care funded by Indigenous Services Canada, as well as their Caregiving Parents or Caregiving Grandparents.

When the Claims Period opens, Removed Child and Removed Child Family Class Members will be able to submit their Claim Form to the Administrator. While compensation is not yet available, class members can prepare by ensuring they have valid government-issued identification, a mailing address, and access to a bank account in their name for direct deposit.

Class members have three years to submit their claim once they have reached the age of majority. Those who are currently minors can submit a claim up to two years before they reach the age of majority. If a class member cannot apply within three years due to extenuating circumstances, they can apply for a one-year extension, subject to approval.

Compensation Distribution

Compensation will only be distributed to eligible claimants once they reach the age of majority, even if they apply as a minor. The amount of compensation for each claimant will vary by the class they apply under and the circumstances of the application. Payments could range from $20,000 to $40,000 per individual. Some claimants may be eligible for additional compensation.

Class members may be eligible to more than one class. Please note that a separate claim form will be required for each class.

Additional Classes Under the Settlement

The Removed Child and Removed Child Family classes are two of nine classes covered under the final settlement agreement for compensation. The claims period opening on March 10, 2025, only applies to these two classes. Claims periods for the remaining seven classes will open at a later date, pending Federal Court approval of their distribution protocols.

Fraud, Support, and Resources

You do not need to pay anyone to help you file a claim or receive payment. Note that fraudulent legal representatives may try to exploit First Nations applications under the claims process. No one should be requesting personal information from you. The Administrator is not reaching out to class members. If you are contacted by someone claiming to be with this settlement and asking for information, please contact the Administrator at 1-833-852-0755 or FNChildClaims@Deloitte.ca. Reporting an incident will help protect class members and may prevent someone from becoming a victim of fraud.  

Support is available for individuals preparing to apply under the claims period starting March 10, 2025. Class members with questions or those who need assistance can contact the Administrator's Contact Centre. Claims Helpers are available to provide one-on-one trauma-informed support with completing the Claim Form online, by phone, or in person where available. Claims Helpers can also assist class members in connecting to local services and wellness resources.

For more information, visit www.fnchildclaims.ca.

For media inquiries:

Genna Benson
Director, Communications
Assembly of First Nations
(604) 340-3117 (mobile)
gbenson@afn.ca

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