Frequently Asked Questions
Welcome to our FAQs page. Here, you will find detailed answers to common questions regarding the new Boarding Homes Claims Process. This section aims to provide clarity on eligibility, application procedures, and compensation details. Should you require further assistance or have specific inquiries not addressed here, please contact us directly for personalized support. For additional information, please visit the Claims Administrator Website.
What is a class action 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.”
What was the Indian Boarding Homes Program?
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.
What is the Indian Boarding Homes Program class action settlement about?
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.
What is the ‘Implementation Date‘?
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:
a. Thirty (30) days after the expiry of the Opt-Out Period; and
b. The day following the last day on which a Primary Class Member may appeal or seek leave to appeal the Approval Order; and
c. The date of the final determination of any appeal brought in relation to the Approval Order.
Who is eligible to claim?
To be eligible for compensation, the Class Member must have:
a. Been placed in a private home:
i. 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
ii. after June 30, 1992, if Canada was responsible for their placement; and
b. Been placed after June 30, 1992, if Canada was responsible for their placement; and
c. Been alive on or after July 24, 2016; and
d. 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.
Why did I receive a “Notice of Settlement”?
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.
How much is this settlement?
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.
I was abused while in the Indian Boarding Homes Program. What compensation am I entitled to?
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.
What is a Claims Administrator?
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.
How will the Claims Administrator decide how much money to give me?
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.
What if I am not sure whether I am eligible to claim?
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.
What rights do I give up by being a part of this class action settlement?
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.
Can I Opt-Out of this settlement?
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:
Access the online Opt-Out form on the Indian Boarding Homes Class Action website at https://boardinghomesclassaction.com
Complete the form online and click “Submit”
To Opt-Out using the PDF form:
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.
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
The term ‘Indian’ has a negative meaning. Why is it being used here?
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.
Who are the lawyers representing the Class Members?
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
I want to hire a lawyer. Will I have to pay them?
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.
What is a Statutory Declaration?
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.
What is a Guarantor?
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
