$1.9B Indian Boarding Homes class action settlement

Canada agreed to pay $1.9 billion in an Indian Boarding Homes settlement to resolve claims the program caused significant harm to indigenous children. 

The settlement benefits individuals alive as of July 24, 2016, who were placed in a private home between Sept. 1, 1951, and June 1992 for the purpose of attending school or who were placed in a private home after June 30, 1992, if Canada is responsible for their placement.

Plaintiffs in the class action lawsuit claim Canada’s Indian Boarding Home Program caused significant, irreparable harm to indigenous children who were taken from their homes. In addition to losing access to their language and culture, some host families allegedly abused the children.

Canada created the Indian Boarding Homes Program in the 1950s and used it to place First Nations and Inuit childrens into other, non-indigenous communities to attend school. The program operated into the early 1990s.

Canada has not admitted any wrongdoing but agreed to pay $1.9 billion to resolve the boarding home abuse class action lawsuit.

Under the terms of the Indian Boarding Homes settlement, all class members are eligible for a single Category 1 payment of $10,000. These payments are available to all class members Canada placed in the Indian Boarding Homes Program. 

Class members who suffered physical, emotional or sexual abuse while placed through the Indian Boarding Homes Program can receive an additional Category 2 payment ranging from $10,000 to $200,000. Payments will vary depending on the harm experienced by each class member. Lawyers who assist class members in recovering Category 2 payments can receive a payment equal to 5% of the payments received by their clients, though class member payments will not be reduced to pay for lawyers’ fees.

In addition to providing Category 1 and Category 2 payments, Canada provided $50 million to create a foundation that will formally recognize the harm the Indian Boarding Homes Program caused, promote healing and transparency and preserve language and culture.

The opt-out deadline for the settlement was July 22, 2024.

The federal court granted final approval to the settlement Dec. 11, 2023.

To receive Indian Boarding Homes settlement payments, class members must submit a valid claim form by Feb. 22, 2027.

Who’s Eligible

Individuals alive as of July 24, 2016, who were placed in a private home between Sept. 1, 1951, and June 1992 for the purpose of attending school or who were placed in a private home after June 30, 1992, if Canada is responsible for their placement

Potential Award

$210,000

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/22/2027

Case Name

Percival, et al. v. His Majesty the King, Case No. T-1417-18, in the Canadian Federal Court

Wiichihiiwewin Centre of Waskaganish, et al. v. Attorney General of Canada, Case No. 500-06-00812-160, in the Quebec Superior Court in the District of Montreal

Final Hearing

12/11/2023

Settlement Website

BoardingHomesClassAction.com

Claims Administrator

Attn: Indian Boarding Homes Class Action
18 York Street, Suite 2500
Toronto, Ontario, Canada
M5J 0B2
claims@BoardingHomesClassAction.com
888-499-1144

Class Counsel

KLEIN LAWYERS LLP

DIONNE SCHULZE S.E.N.C.

Defense Counsel

CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS CANADA