Has a settlement been reached in the class actions?
An agreement in principle has been signed to settle both class actions. The parties will ask a judge of the Federal Court to approve the settlement in a hearing known as a settlement approval hearing. You will be notified about the settlement approval hearing if you have registered on our website:
https://sotosclassactions.com/cases/current-cases/first-nations-youth/
Until the court has approved the settlement, we cannot answer every question that you may have about the settlement including the amounts and timing of the payments that you may be entitled to. It is our hope that the court hearing will take place before June 30, 2022.
When will the settlement be official?
Once the Federal Court has approved the settlement following the settlement approval hearing.
Will I be included in the settlement?
The answer to this question is not final yet. We will know the details after the court’s approval. But you will likely qualify to receive compensation if you are in one or more of these groups:
“Removed Child” Class
You are a member of this Class if you answer yes to all of these questions:
“Caregiver” Class
You may be a member of this Class if you were a caregiver of a child in one of the above two groups of children.
If you have doubts or questions, still register on our website so you can find out if you qualify for compensation when we have the definitive answers.
How will I know about what is going on in the settlement?
We send regular email updates to everyone who has registered on our website.
We also plan to hold online townhall meetings where we will explain the settlement in greater detail and answer questions that we have received. We will let you know when those townhalls will take place.
You can also email us at firstnationsyouth@sotos.ca or call 1-888-888-3126 in English or 1-866-857-7047 in French if you have a question that is not answered in this FAQ.
How do I sign up for payment?
The best way to sign up for now is to register on our website: https://sotosclassactions.com/cases/current-cases/first-nations-youth/.
There is no other place to officially sign up right now. Forms will be sent out to all class members after the settlement is approved by the Federal Court.
When will I receive payment?
Several steps must be taken before payments can be made, so it is not possible to say when this will happen. We will have a better sense of when payments can be made after the settlement approval hearing.
I am a member of the Removed Child Class. Will my family members receive compensation?
At this point, it has not been decided how compensation will be distributed to primary caregivers of the Removed Child Class. This will be determined in the next few months.
I was in the Yukon when I was removed from my home, am I in the Removed Child Class?
Yes. If you are First Nation and lived in the Yukon, and were removed from your home on or after April 1, 1991, you are in the Removed Child Class.
How is First Nations defined?
Those who have status under the Indian Act are included.
Also, those who have the legal right to obtain Indian Act status are included.
Individuals who have been recognized as citizens by their First Nations are also included. The details of the criteria for this group will be determined by the court at the time of approving the settlement.
I am First Nations but was not living on a reserve at the time I was removed from my home. Am I in the Removed Child class?
The answer is generally no, unless you or one of your parents were ordinarily resident on a reserve when you were removed.
But if you were removed from your home off-reserve to receive an important service or product, you may still be included in the Jordan’s Principle Class. Please register on our website and wait until after the court’s approval decision to find out if you can apply for compensation.
What is Jordan’s Principle?
Jordan’s Principle is a legal rule that requires governments to treat First Nations children equal to others and to not deprive them of important services that they need. Jordan’s Principle requires that the best interests of the children be the most important consideration for the governments.
Jordan’s Principle is named after Jordan River Anderson. Jordan did not receive the services he desperately needed because the governments were arguing about who should pay for Jordan’s needs. Jordan’s Principle is intended to ensure that what happened to Jordan does not happen to other First Nations children.
I am a member of the Jordan’s Principle Class. Will my family members be compensated?
This depends. At this point, it has not been decided how compensation will be distributed to primary caregivers of the Jordan’s Principle Class. This will be determined in the next few months.
Are these cases different from the Sixties Scoop and Indian Residential Schools class actions?
Yes. These are entirely separate class actions.
Are these cases different from the Canadian Human Rights Tribunal compensation decision ordering Canada to pay $40,000 to each affected individual as compensation?
The settlement of the class actions overlaps with the Tribunal compensation decision. If the Federal Court approves the settlement, this settlement will cover all claims under both the Tribunal and the class actions. You will only have to make one application for compensation under both the class actions and the Tribunal compensation order.
When will I receive an application form to apply for compensation?
If and when the Federal Court approves the settlement, all class members will be given more information on how to claim compensation.
How much money should I expect to receive in compensation?
This has not yet been determined. However, we expect that members of the Removed Child Class will receive no less than $40,000 each. A Removed Child may also receive significantly more depending on factors such as: length of time in care; number of out-of-home placements, and if they were placed in care on or off reserve. It is also expected that up to two primary caregivers of each Removed Child will receive compensation in the amount of $40,000 each. We will know better who qualifies as a primary caregiver after the court’s settlement approval decision.
The amount of compensation for Jordan’s Principle has not yet been determined. This will be determined in the coming months.
Will the compensation be subject to tax?
It is expected that the compensation payments will be exempt from tax.
Will I be told about the court hearing to approve the settlement?
Yes. We will send an email to everyone who has registered on our website.
What should I do now?
Register on our website. We will send you an email when we have more information and when there are new developments.
You can also email us at firstnationsyouth@sotos.ca or call 1-888-888-3126 in English or 1-866-857-7047 in French.
