FAQs
Frequently asked questions
About the Settlement
Eligibility
What kind of harms does the proposed Settlement cover?
If approved, the Settlement will provide compensation to eligible Primary Class Members who suffered psychological, verbal, physical and/or sexual abuse while they were admitted to a Federal Indian Hospital.
Are claims related to medical treatment included?
The proposed Settlement does not provide compensation for medical malpractice or other claims connected to medical treatment at a Federal Indian Hospital.
Individuals with medical claims can pursue those claims on an individual basis if they wish.
You do not need to opt out of the class action to commence individual medical claims. If the proposed Settlement is approved, eligible Primary Class Members can claim compensation under the settlement for any psychological, verbal, physical and/or sexual abuse they suffered at a Federal Indian Hospital, and pursue individual medical claims.
For further information about this, please contact Class Counsel.
How do I know if I am eligible?
You are included in the proposed Settlement as a Primary Class Member and may be eligible for compensation if you were admitted to and suffered abuse while admitted at a Federal Indian Hospital while the Hospital was operated by Canada.
Will there be compensation for Class Members who have passed away?
Primary Class Members who passed away on or after January 25, 2016, may be eligible through the Estates process if the proposed Settlement is approved.
Compensation
How do I submit a claim for compensation?
Compensation is not yet available.
If the Federal Court approves the proposed Settlement, you will need to submit a claim form and indicate the level of compensation you are claiming.
A deadline will be set for the submission of claims and more information about the claims process will be provided after approval of the proposed Settlement.
Your rights under the proposed Settlement
What do I give up by staying in the class action?
If the proposed Settlement is approved by the Federal Court, it will be binding on all Class Members who do not opt out.
If you do not opt out of the settlement, and it becomes final, you will not be able to start an individual lawsuit regarding abuse experienced while admitted to a Federal Indian Hospital.
This means you will be releasing Canada from liability for all psychological, verbal, physical and/or sexual abuse experienced while admitted to a Federal Indian Hospital and you will be eligible to make a claim for compensation under the settlement in recognition of the harms that you experienced.
Nothing in the proposed Settlement requires you to give up your right to start a lawsuit against a province or religious institution for its involvement in a Federal Indian Hospital, or other hospitals and medical facilities.
Please read the proposed Settlement Agreement carefully and contact Class Counsel if you have any questions.
When is the Settlement Approval Hearing?
The Settlement Approval hearing is on June 10 and 11, 2025 in Ottawa.
What happens at the Settlement Approval Hearing?
The Federal Court will hear arguments to decide whether to approve the proposed Settlement and Class Counsel fees. The Court will consider whether the proposed Settlement is fair, reasonable, and in the best interests of the class. Following the Settlement Approval Hearing, the Court will release its decision about whether the proposed Settlement has been approved.
Can I go to the Settlement Approval Hearing?
Yes, you can attend the Settlement Approval Hearing in person or watch it online.
Legal Information
How much is Class Counsel paid?
No part of Class Counsel fees will be paid by Class Members. Class Counsel fees will be paid separately by Canada once they are approved by the Federal Court. These fees will not be deducted from any Class Member’s compensation.
The amount of Class Counsel fees has not yet been determined, but will be an amount which the Court determines is fair and reasonable.
Do I need to hire a lawyer to submit a claim for compensation?
If the proposed Settlement is approved by the Federal Court, resources and supports will be available to help you submit your claim for compensation.
You can hire your own lawyer to help prepare your claim for compensation. Class Members will be able to hire any Canadian lawyer to assist with their claims.
If the proposed Settlement is approved, Canada will pay lawyers who assist Class Members with their claims an amount up to 5% (plus tax) of the compensation awarded, inclusive of disbursements. Lawyers assisting Class Members with their applications for compensation can ask the Federal Court to approve up to an additional 5% (plus tax) in legal fees, inclusive of disbursements. These amounts will be paid separately by Canada. These fees will not be deducted from any Class Member’s compensation.
