First Nations Schools Class Action

First Nations Schools Class Action

The First Nations Schools Class Action is about Indigenous children who attended on-reserve schools. The claim alleges that the Government of Canada underfunded on-reserve schools, in breach of children’s equality rights under section 15(1) of the Canadian Charter of Rights and Freedoms. The Plaintiffs are seeking compensation from the Canadian government and systemic change.

The case was certified as a class action lawsuit by the Honourable Mr. Justice Manson on April 26, 2023. Klein Lawyers has been appointed as the Plaintiffs’ lawyer on the file and are called “Class Counsel”.

There is no settlement in this case. The Federal Court of Canada has certified a class action against the Government of Canada on behalf of Indigenous individuals who attended First Nation Managed Schools for elementary or secondary education while ordinarily resident on reserve. The case is ongoing and no money or benefits have been awarded at this time.

If you are a Class Member, you do not need to do anything right now unless you wish to opt out of the class action. If you do nothing, you will remain in the class and will be notified if money or benefits become available in the future.

Are You a Class Member?

You are a Class Member if you meet all three of the following criteria:

• You are an Indigenous individual;
• You were enrolled in elementary or secondary education at a First Nation Managed School at any time between April 17, 1985 and October 18, 2021; and
• You were ordinarily resident on reserve while enrolled at that school.

There are no age restrictions. The class includes individuals who were children at the time and those who are now adults. A complete list of First Nation Managed Schools covered by this class action is available at FirstNationSchoolClassAction.ca. Please check that list to confirm whether the school you attended is included. Additional schools may be added to the list. If you believe a school should be added, please contact us.

Your Options as a Class Member

1. Stay In the Class Action — No Action Required

You do not need to do anything to remain a Class Member. If money or benefits are obtained through the class action, you will be notified about how to make a claim. You will be bound by any orders or judgments of the Court, and you will not be able to bring a separate lawsuit against Canada for the same legal claims.

2. Opt-Out

If you do not want to be part of the class action, you must submit an opt-out form by September 17, 2026. If you opt out, you will not receive any money or benefits from this lawsuit if any are awarded, but you will preserve your right to bring your own claim against Canada independently.

To request an opt-out form, contact the Notice Administrator or Klein Lawyers using the contact information below.

What Is This Case About?

For decades, the federal government has been responsible for establishing and funding elementary and secondary schools for First Nations students living on reserve. These schools are managed and operated by First Nation organizations. The Plaintiffs allege that Canada systematically underfunded these schools. As a result, Indigenous children received education that was substantially inferior to what was available to other students in Canada.

The class action seeks damages under section 24(1) of the Charter for the discriminatory impact of Canada’s funding conduct, as well as punitive damages. The common issues certified for trial include whether Canada’s conduct created or contributed to a disproportionate impact on class members based on race or ethnic origin, whether that impact constitutes substantive discrimination, and what remedy is appropriate.

Case Status

The action was certified as a class proceeding on April 26, 2023. Notice of certification has been published and the opt-out period is now open until September 17, 2026. There is no settlement at this time. The parties are working toward the common issues trial.

No Fee to Participate

The Court has appointed Klein Lawyers LLP as Class Counsel. You do not pay anything to be part of this class action. Klein Lawyers acts on a contingency basis. If money or benefits are obtained for the Class, Class Counsel will ask the Court to approve fees and costs, which would be deducted from any recovery or paid separately by Canada.