The Indian Boarding Homes Program was an educational program created by the Government of Canada, which placed children from First Nations communities and Inuit villages in other communities (usually non-Indigenous) to stay in private family homes for the purpose of attending school.
The Indian Boarding Home Program began during the 1950s as Canada began to dismantle Indian Residential Schools program. Canada continued to operate the program into the early 1990s.
The class action alleged that Canada’s actions in creating, operating, and maintaining the Indian Boarding Home Program created an environment where abuse, harassment, and other harms would occur. Canada’s conduct, and that of its servants, was negligent and in breach of the fiduciary duties that Canada owes to its Indigenous Persons. Class Members have suffered serious and lasting harm as a result. This class action sought to rectify some of the historic wrongs Canada committed.
On December 11, 2023, Justice Pamel of the Federal Court approved a settlement agreement reached between Canada and class counsel. Under the settlement agreement:
- 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; and
- 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.
The Claims Administrator is now accepting both Category 1 and Category 2 claims. Please note that these two forms do not have to be filed at the same time and Class Members are encouraged to file their Category 1 claims first and take the necessary time to complete their Category 2 claims fully and accurately.
All claims must be filed on or before February 22, 2027.
Further information and necessary forms can be found at the Indian Boarding Homes Class Action website located here: https://boardinghomesclassaction.com/
If you are experiencing trauma or need to talk, we encourage you to call the National Indian Residential School Crisis Line at 1-866-925-4419 or the Hope for Wellness Helpline at 1-855-242-3310 or, for online counselling support, visit hopeforwellness.ca. If you are in B.C., you can call the First Nations and Indigenous Crisis Line offered through the KUU-US Crisis Line Society, toll-free at 1-800-588-8717.
This class action includes a Quebec Subclass for class members resident in Quebec at the time of their placement by Canada in the private home.
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”
