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Indian Boarding Homes Class Action

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The Indian Boarding Home Program was an educational program in which the Government of Canada removed Indigenous children and adolescents from their families and Indigenous communities. These children were transported to urban communities to stay with boarding families and to attend public, non Indigenous schools. The program was implemented as part of Canada’s policy of culturally assimilating Indigenous persons into mainstream Canadian society.

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 harms 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. A Notice of Settlement Approval has been issued. The Claims Administrator will begin accepting claims on Wednesday, August 21, 2024.

If you do not want to participate in this settlement, you must opt-out. To opt-out, you must complete and submit an Opt-Out Form before Monday, July 22, 2024. By opting out, you will maintain your right to independently sue Canada for harms you suffered in the Indian Boarding Homes Program, but you will not be able to claim compensation under the settlement. If you want to participate in the settlement, do not fill out this form.

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.

Court Documents
2024
2023
2023, July 24
2023, August 11
2023, August 10
2022
2022, December 7
2019
2018
Inquiry Form
Quebec Subclass

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.

Counsel for the Quebec subclass is Dionne Schulze.

Indian Boarding Homes Class Action
In The News
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
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