numbers

First Nations Schools Class Action

Klein Lawyers filed this class action against the Government of Canada to seek compensation and future change for Indigenous children who attended First Nations schools on reserves in Canada. The government of Canada has been responsible for establishing and funding the education system for First Nations managed elementary and secondary schools on reserves. The plaintiff in this lawsuit – Braelyn Catcheway who is represented by her father and litigation guardian Timothy Catcheway – alleges the education system is rife with problems. Chief among them is that Canada failed to ensure First Nations managed schools were given enough funding to provide Indigenous children with adequate primary and secondary education. The claim alleges that this breached the children’s equality rights guaranteed under section 15(1) of the Charter of Rights and Freedoms.

The Honourable Mr. Justice Manson certified this lawsuit as a class proceeding on consent on April 26, 2023. The class is defined as:

All individual Students who attended a First Nation Managed School for educational purposes at any time during the period from and including April 17, 1985 until October 18, 2021 (the “Class Period”).

See the Consent Certification Order here.

We are now working toward the common issues trial, which is expected to occur sometime in 2024.

Mailing List

If you would like to continue to receive information about the First Nations Schools class action lawsuit, please complete the form below and we will add you to the database. By completing this form and submitting it to Klein Lawyers LLP you have not entered into a lawyer-client relationship with Klein Lawyers LLP. Any information you provide to us through the Website will be treated with care and is subject to our Privacy Policy and Website Use Agreement.

    (You may withdraw your consent at any time.)
  • This field is for validation purposes and should be left unchanged.

Court Documents

Government Reports

Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“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...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“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...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“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”

Merlo v. R, 2017 FC 533 at para. 34

“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.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
No Fee Guarantee