Sheila Bautz
Special to the Herald
On August 7, National Chief Cindy Woodhouse Nepinak of the Assembly of First Nations (AFN) announced the magnitude of the number of claims already processed to distribute $23 billion in federal settlement funds.
The funds are a result of the Government of Canada acknowledging the discrimination of First Nations Child and Family Services program and Jordan’s Principle. More than 40,000 applications were received by the Administrator, Deloitte Canada, in the past five months.
“More than 300,000 First Nations children and families have been waiting decades for recognition of the harms done to them through discriminatory practices of First Nations Child and Family Services and narrow application of Jordan’s Principle,” said Woodhouse Nepinak. “This $23 billion final settlement agreement is a long overdue turning point for so many thousands of families.”
The First Nations Child and Family Services, Jordan’s Principle and Trout Class Settlement Agreement provides $23.3 billion to be allocated in various claim categories. First Nations children removed from their homes under the First Nations Child and Family Services Program between April 1, 1991, and March 31, 2022, are eligible for a claim.
As well, First Nations children impacted by the federal government’s narrow definition of Jordan’s Principle between December 12, 2007, and November 2, 2017, are eligible for a claim. The claim process extends to First Nations children who did not receive, or were delayed in receiving, an essential public service, product or support between April 1, 1991, and December 11, 2007.
First Nations individuals living in the Yukon territories or on-reserve, while under the age of the majority, and experienced the severe discrimination, are also entitled to a claim. This includes children suffering from the involvement of a child welfare agency. It also includes First Nations children sent off-reserve by a caregiving parent or grandparent for residence with a non-family member not funded by Indigenous Services Canada (ISC) between April 1, 1991, and March 31, 2022. The caregivers of the First Nations children may also be eligible to receive compensation upon review of their application.
The class action counsel collective in the Moushoom and Trout class action lawsuits, made a joint statement about the historic settlement for First Nations children. The legal counsel consists of David Sterns of Sotos LLP, Robert Kugler of Kugler Kandestin LLP and Joelle Walker of Miller Titerle + co. The legal counsel also credited the five First Nations representative plaintiffs who have empowered First Nations children suffering from discrimination, racism, various abuses and blatant bias.
“This historic settlement will enable several hundred thousand First Nations children, young adults, and their families to access justice that they have long deserved,” said Sterns, Kugler and Walker. “We acknowledge and honour the courage and resilience of representative plaintiffs and survivors, Xavier Moushoom, Jeremy and Jonavon Meawasige as well as their late mother, Maurina Beadle, and Zacheus Trout. The representative plaintiffs are proud to have shared their stories and empowered the hundreds of thousands of First Nations survivors of the on-reserve child welfare system and the discriminatory under-provision of other health and social essential services.”
“We also acknowledge and honour the Assembly of First Nations and their representative plaintiffs,” Sterns, Kugler and Walker continued, “It is our sincere hope that this settlement will assist the many children and families who have suffered as a result of Canada’s discriminatory underfunding of the child welfare system, as well as its failure to respect the principles underlying Jordan’s Principle in their healing efforts.”
The first two compensation Claims processes for First Nations people resulted due to the continued discrimination experienced in Canada’s First Nations Child and Family Services Program. There is a request for other eligible claimants entitled to a portion of the settlement for the gross injustices to continue to step forward to enter the process.
“While we are pleased to see so many applications coming in, we know there are many more First Nations individuals from the Removed Child and Removed Child Family classes eligible for compensation from this historic settlement agreement,” said Woodhouse Nepinak. “Claims Helpers are standing by to provide trauma-informed support and answer any questions applicants may have.”
There are nine classes included in the historic settlement. Additional classes under the Settlement Agreement, including the Jordan’s Principle-related Classes and others, are opening in phases. Each of the nine claims requires Federal Court Approval based on the unique circumstances of the class. First Nations claimants may be eligible for more than one class and must enter their claim in each category. The time period extends between the beginning of April, 1999, to March 31, 2022.
The claim timeline for the Removed Child Class and the Removed Child Family Class is currently open with the Kith Child Class and the Kith Family Class following. Another Class that will soon open to receive claims is The Jordan’s Principle Class. This Class involves First Nations individuals suffering from the highest level of impact due to abuses of the worst kind as a result of vital services being denied and delayed with malicious and vexatious intent. The essential service claim period for The Jordan’s Principle Class is between December 12, 2007, and November 2, 2017. There is also a Jordan’s Principle Family Class.
The Trout Child Class and the Trout Family Class will also soon be open for claims for First Nations children impacted between the beginning of April 1991 and December 11, 2007. The ninth claim is the Essential Service Class claim for children impacted between December 12, 2007, and November 2, 2017.
The National Chief of AFN stated that payments for the First Nations Claimants may begin being disbursed as early as this month.
“Thanks to the hard work and leadership of many advocates and negotiators, as well as the Administrator, Deloitte, we are finally at the point where compensation can begin reaching those affected by this broken system,” said Woodhouse Nepinak.
First Nations children and families can check their eligibility to apply for a claim as a Claimant and access claim supports for their compensation by visiting www.fnchildclaims.ca or calling 1-833-852-0755.
Due to the trauma triggers that may result, free mental health and wellness supports are available 24 hours a day through the Hope for Wellness Helpline at 1-855-242-3310.
First Nations people with urgent requests that meet interim criteria can be made to the Jordan’s Principle Call Centre at 1-855-JP-CHILD (1-855-572-4453). The interim urgent criteria was clarified by the Canadian Human Rights Tribunal (CHRT) on November 21, 2024, in a summary ruling. As a result, urgent requests are reviewed on a case-by-case basis and for time-sensitivity.
