We are pleased to report that the parties have reached a Settlement Agreement in the Indian Boarding Homes Class Action.
The next step is the Settlement Approval Hearing, which will be in Vancouver from September 12-14, 2023 in Federal Court. The Court will consider whether the settlement is fair, reasonable, and in the best interest of the class.
To learn more about the Settlement Approval Hearing and how to participate, please view the Notice of the Certification and Settlement Approval Hearing.
If you would like to receive updates on this class action, please complete the Inquiry Form
The next steps are to finalize the full settlement agreement, hire a claims administrator, obtain court approval, and then wait for the appeal period to expire. We hope to have the claims process open for class members before the end of 2023 with payments to class members starting in 2024. Regular updates will be posted on our website.
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 distant communities to stay with boarding families while attending public 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 the Indian Residential Schools program. Canada continued to operate the Indian Boarding Home Program into the early 1990s.
The class action alleges 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. The prolonged absence from family and community also caused loss of culture, language, and community bonding. 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.
If you believe you were placed in a boarding home pursuant to the Indian Boarding Home Program, please complete this form and our office will contact you as soon as possible.
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...”
