Update: a not-for-profit called the Four Pillars Society has been created to invest and distribute the settlement funds in accordance with the settlement agreement. Click here for the most recent update from the Four Pillars Society. The Four Pillars Society is looking for directors – Click here for information about the nomination process (closes March 25, 2024).

Key information available in six Indigenous languages:

The Band Reparations Class Action

Gottfriedson v. His Majesty the King in Right of Canada
(Court File No. T1542-12)

The Band Reparations Class Action is a lawsuit against the Government of Canada. The lawsuit is about the collective harm suffered by Indigenous communities as a group as a result of Indian Residential Schools. The lawsuit says that the Government of Canada is responsible for damages to Indigenous communities caused by the Indian Residential School system, and in particular, the collective harm suffered by Indigenous communities due to the loss of language and culture because of Indian Residential Schools.

This lawsuit is not about harms suffered by individual survivors who attended Indian Residential Schools – instead it is about the collective harm suffered by Indigenous communities as a group as a result of Indian Residential Schools.

This lawsuit was brought by representative plaintiff First Nations Tk’emlúps te Secwépemc and shíshálh Nation, with the support of the Grand Council of the Crees (Eeyou Istchee).

Band Class Members

325 Bands are part of the lawsuit; click here to see the full list of class members. In order to participate in the lawsuit, Bands were required to “opt-in” or “join” the lawsuit by the extended June 30, 2022 opt-in deadline. The opt-in period is now closed, and it is no longer possible to join the lawsuit.

The First Nations that are part of the lawsuit are:

Province/Territory	Indian Band/FN
NT	Deh Gah Got'ie Council
NT	Deline First Nation dissolved Sept 1, 2016 and became Deline Got'ine Government
NT	Deninu K'ue FN
NT	Ka'a'gee Tu FN
NT	Katlodeeche FN
NT	Liidlii Kue FN
NT	Lutsel K'e Dene FN
NT	Nahanni Butte Dene Band
NT	Smith’s Landing First Nation
NT	West Point FN
BC	Adams Lake IB
BC	Ahousaht
BC	Ashcroft Indian Band
BC	ʔaq'am
BC	Bonaparte IB
BC	Boothroyd IB
BC	Beecher Bay FN
BC	590 Bridge River IB
BC	Canim Lake Band
BC	Cayoose Creek IB
BC	Chawathil FN
BC	Cheslatta Carrier Nation
BC	Cheam First Nation
BC	Coldwater IB
BC	Cook's Ferry IB
BC	Cowichan Tribes
BC	Da'naxda'xw/Awaetlala Nation
BC	Douglas First Nation
BC	Esdilagh First Nations
BC	Ehattesaht Chinehkint
BC	Esk'etemc
BC	Fort Nelson First Nation
BC	Gitanmaax
BC	Gitanyow Huwilp Society
BC	Gitga’at
BC	Gitsegukla IB
BC	Gitxaala Nation
BC	Hagwilget Village Council
BC	Haisla FN
BC	Halalt FN
BC	Heiltsuk Nation
BC	High Bar First Nation
BC	Homalco IB
BC	Hupačasath FN
BC	Huu-ay-aht FNs
BC	Kanaka Bar IB
BC	Kitasoo Xai'xais Nation
BC	Kispiox Band #532
BC	Kitselas FN
BC	Klahoose First Nation
BC	K’ómoks First Nation
BC	Kwantlen FN
BC	Kwikwetlem First Nation
BC	Leq'amel FN
BC	Lheidli Tienneh
BC	Lhoosk'uz Dené Nation
BC	Lil'wat Nation
BC	Little Shuswap Lake Band
BC	Lower Kootenay IB
BC	Lower Nicola IB
BC	Lower Similkameen IB
BC	Lyackson First Nation
BC	Lytton First Nation
BC	Malahat Nation
BC	McLeod Lake IB
BC	Musqueam IB
BC	Nadleh Whut'en
BC	Na̱mg̱is FN
BC	Nanoose FN
BC	Nakazdli Whut'en
BC	Nazko FN
BC	Nee Tahi Buhn IB
BC	Neskonlith FN
BC	Nisga'a Village of Gitlaxt'aamiks formerly New Aiyansh
BC	Nooaitch IB
BC	Nuxalk FN
BC	Okanagan IB
BC	Old Masset Village Council
BC	Oregon Jack Creek
BC	Osoyoos IB
BC	Peters FN
BC	Penelakut Tribe
BC	Penticton IB
BC	Prophet River FN
BC	Red Bluff IB (Lhtako Dene Nation)
BC	Saulteau First Nations
BC	Seabird Island Band
BC	Sechelt FN
BC	Shackan IB
BC	Shuswap Band
BC	Simpcw FN
BC	Skatin
BC	Skawahlook FN
BC	Skeetchestn IB
BC	Songhees Nation
BC	Spuzzum First Nation
BC	Stellat'en FN
BC	Sts'ailes
BC	Stswecem'c Xgat'tem First Nation
BC	Sliammon FN (Tla'amin Nation)
BC	Soowahlie IB
BC	Squamish Nation
BC	Shxwhay Village
BC	Siska Indian Band
BC	Skidegate FN
BC	Skwah First Nation
BC	Splatsin
BC	Sumas FN
BC	Tahltan Band
BC	Taku River Tlingit FN
BC	T’it’q’et
BC	Tk'emlups te Secwepemc
BC	Tla-o-qui-aht FN
BC	Tl’etinqox Government
BC	Toosey IB
BC	Tsartlip FN
BC	Tsawwassen FN
BC	Tsawout First Nation
BC	Tsal'alh (Seton Lake IB)
BC	Tseshaht FN
BC	Tsleil-Waututh Nation
BC	Tsideldel FN
BC	Ts’kw’aylaxw First Nation
BC	T'Sou-ke FN
BC	Tzeachten FN
BC	Uchucklesaht Tribe Government
BC	Ulkatcho IB
BC	Upper Nicola Band
BC	Westbank FN
BC	West Moberly First Nations
BC	Wet'suwet'en First Nation
BC	We Wai Kai Nation
BC	We Wai Kum FN
BC	Williams Lake IB
BC	Whispering Pines Clinton Indian Band
BC	Witset FN
BC	Xatsull FN (Soda Creek)
BC	Xeni Gwet’in First Nations Governmen
BC	Yekooche FN
BC	Yunesit'in Government
YT	Kwanlin Dün First Nation
YT	Tr'ondëk Hwëch'in
YT	First Nation of Na-Cho Nyäk Dun
YT	White River First Nation
AB	Alexis Nakota Sioux Nation
AB	Athabasca Chipewyan FN
AB	Bearspaw FN
AB	Beaver Lake Cree Nation
AB	Blood Tribe
AB	Cold Lake FNs
AB	Dene Tha' First Nation
AB	Driftpile Cree Nation
AB	Duncan's First Nation
AB	Ermineskin Tribe
AB	Enoch Cree Nation
AB	Fort McKay FN
AB	Frog Lake FN
AB	Horse Lake FN
AB	Kapawe’no First Nation
AB	Kehewin Cree Nation
AB	Little Red River Cree Nation
AB	Louis Bull Tribe
AB	Lubicon Lake Band #453
AB	Mikisew Cree First Nation
AB	Montana FN
AB	Paul First Nation
AB	Piikani Nation
AB	Saddle Lake Cree Nation
AB	Samson Cree Nation
AB	Sawridge FN
AB	Siksika Nation
AB	Stoney FN
AB	Sturgeon Lake Cree Nation
AB	Sucker Creek FN
AB	Sunchild First Nation
AB	Tallcree Tribal Government
AB	Tsuut’ina Nation
AB	Whitefish Lake IB
AB	Woodland Cree FN
SK	Ahtahkakoop Cree Nation
SK	Beardy’s & Okemasis First Nation
SK	Big Island Lake Cree Nation
SK	Buffalo River Dene Nation
SK	Canoe Lake Cree First Nation
SK	Carry the Kettle FN
SK	Clearwater River Dene Nation
SK	Cote FN
SK	Cowessess FN #73
SK	English River FN
SK	Fishing Lake FN
SK	George Gordon FN
SK	Kahkewistahaw FN
SK	Keeseekoose FN
SK	Key FN
SK	Lac La Ronge IB
SK	Little Black Bear Band
SK	Little Pine First Nation
SK	Montreal Lake Cree Nation
SK	Muskoday First Nation
SK	Muskowekwan First Nation
SK	Nekaneet First Nation
SK	Ocean Man First Nation #69
SK	Ochapowace Nation
SK	Okanese FN
SK	Onion Lake
SK	Pasqua First Nation
SK	Piapot First Nation
SK	Pheasant Rump Nakota FN #68
SK	Red Earth First Nation
SK	Star Blanket Cree Nation
SK	Sweetgrass First Nation
SK	Thunderchild First Nation
SK	Wahpeton Dakota Nation
SK	White Bear First Nations
SK	Zagime Anishinabek (Formerly Sakimay FNs)
SK	Waterhen Lake FN
MB	Berens River FN
MB	Bunibonibee Cree Nation
MB	Bloodvein River FN
MB	Little Black River FN
MB	Ebb and Flow First Nation
MB	Fisher River Cree Nation
MB	Gambler First Nation
MB	Lake Manitoba FIrst Nation
MB	Sagkeeng FN
MB	Long Plain FN
MB	Mathias Colomb Cree Nation
MB	Misipawistik Cree Nation
MB	Nisichawayasihk Cree Nation
MB	Norway House Cree Nation
MB	O-Pipon-Na-Piwin Cree Nation
MB	Pinaymootang First Nation
MB	Poplar River FN
MB	Pine Creek FN
MB	Roseau River Anishinabe FN
MB	Sandy Bay Ojibway FN
MB	Sioux Valley Dakota Nation
MB	St. Theresa Point FN
MB	Swan Lake FN
MB	Tataskweyak Cree Nation
MB	Tootinaowaziibeeng Treaty Reserve #292
MB	Waywayseecappo FN
MB	York Factory FN
ON	Algonquins of Pikwakanagan First Nation
ON	Aamjiwnaang FN-Chippewas of Sarnia
ON	Alderville FN
ON	Animakee Wa Zhing #37
ON	Aroland FN
ON	Big Grassy River First Nation
ON	Caldwell First Nation
ON	Cat Lake FN
ON	Chapleau Cree FN
ON	Chippewas of the Thames FN
ON	Chippewas of Kettle and Stony Point First Nation (formerly Kettle Point First Nation and Stony Point First Nation)
ON	Chippewas of Rama First Nation
ON	Constance Lake First Nation
ON	Couchiching FN
ON	Curve Lake FN
ON	Delaware Nation (Moravian of the Thames)
ON	Fort Albany FN
ON	Fort William FN
ON	Fort Severn FN
ON	Ginoogaming FN
ON	Grassy Narrows FN
ON	Kashechewan FN
ON	Kitchenuhmaykoosib Inninuwug
ON	Lac Seul First Nation
ON	M’Chigeeng FN
ON	Mississauga First Nation
ON	Mississaugas of the Credit First Nation
ON	Mississaugas of Scugog Island First Nation
ON	MoCreebec Eeyoud Council of the Cree
ON	Moose Cree FN
ON	Mohawks of the Bay of Quinte
ON	Munsee-Delaware Nation
ON	Naicatchewenin FN
ON	Naotkamegwanning FN
ON	Nipissing First Nation
ON	Nigigoonsiminikaaning First Nation
ON	Ojibways of Onigaming
ON	Oneida Nation the Thames
ON	Pikangikum FN
ON	Sachigo Lake FN
ON	Sheguiandah FN
ON	Taykwa Tagamou Nation
ON	Temagami FN
ON	Wabigoon Lake Ojibway Nation
ON	Wahgoshig First Nation
ON	Wauzhushk Onigum Nation (Rat Portage) #153
ON	Wiikwemkoong Unceded Territory
ON	Weenusk First Nation
ON	Whitefish River First Nation
ON	Whitesand First Nation
QC	Abénakis de Wôlinak
QC	Communaute Ancinapek de Kitcisakik
QC	Cree Nation of Chisasibi
QC	Cree Nation of Mistissini
QC	Cree Nation of Nemaska
QC	Cree Nation of Waswanipi
QC	Cree Nation of Wemindji
QC	Conseil de la Nation huronne-wendat
QC	Innus de Ekuanitshit
QC	Innu Takuaikan Uashat mak Mani Utenam
QC	***Listuguj Mi'gmaq Government
QC	Kanesatake Mohawk
QC	Kebaowek First Nation
QC	***Long Point FN
QC	Naskapi Nation of Kawawachikamach
QC	Nation anishnabe du Lac Simon
QC	Odanak
QC	Oujé-Bougoumou Cree Nation
QC	Pekuakamiulnuatsh Takuhikan
QC	Whapmagoostui FN
QC	The Crees of Waskaganish FN
NB	Elsipogtog First Nation, formerly Big Cove Band, formerly Richibucto Tribe of Indians (#003)
NB	Eel Ground First Nation
NB	Eel River Bar First Nation
NB	Fort Folly
NB	Indian Island
NB	Kingsclear First Nation
NB	Oromocto
NB	Tobique First Nation
NS	Sipekne'katik Band
PE	Abegweit FN
PE	Lennox Island Band

Settlement

A settlement agreement has been reached between the Representative Plaintiff Bands and the Government of Canada, which fully and finally resolves the Band Reparations Class Action.

The settlement agreement has been approved by the Federal Court as being fair, reasonable and in the best interests of the class.

Settlement Agreement

Full Settlement Agreement

The key terms of the settlement agreement are:

The government of Canada will make a payment of $2.8 billion (the “Fund”) to a Trust/Not-For-Profit to fully and finally resolve the Band Reparations Class Action.
The Trust/Not-For-Profit will be responsible for prudently investing the Fund, and for distributing the Fund to the 325 class members to support the Four Pillar principles in accordance with the Disbursement Policy.
The Four Pillars are:
- Revival and protection of Indigenous languages;
- Revival and protection of Indigenous cultures;
- Wellness for Indigenous communities and their members;
- Promotion and protection of heritage.
The Disbursement Policy will include the following:
- Planning funds: Each Band Class member will receive an initial one-time payment of $200,000 for the purposes of developing a plan to carry out one or more of the objectives and purposes of the Four Pillars;
- Initial Kick-Start Funds: Upon receipt and review of a plan from a band, the Fund shall disburse the Initial Kick-Start Funds, which shall be equal to the Band’s proportionate share of $325 million, with 40% attributable for base rate, with the remaining 60% to be used to adjust for population. The base rate is an equal amount payable to each Band. The Board will determine an appropriate adjustment for remoteness for the Initial Kick-Start Funds, with any such funds required to account for remoteness being in addition to the $325 million;
- Annual Entitlement: Each Band will receive a share of annual investment income that is available for distribution. That share will be equal to the Band’s proportionate share, adjusted for population and remoteness.
All monies that remain in the Fund after the payment of the Planning Funds and the Kick-Start Funds will be prudently invested by the Trust/Not-For-Profit in accordance with professional investment advice.
The Fund will operate for a period of 20 years.
For the 20 year life of the Fund, the Annual Entitlement payments will be made from the investment income earned from the Fund; the capital of the Fund will be maintained.
At the end of the 20 year life of the Fund, the remaining funds consisting of the capital of the Fund and any undisbursed investment income will be disbursed to the Class. Each Band’s share shall be equal to the Band’s proportionate share of the remaining funds.
The Trust/Not-For-Profit will be responsible for determining the Disbursement Policy, which will consist of a base rate, a population adjustment, and a remoteness adjustment. That formula will allocate 40% to base rate, and 60% to population and remoteness adjustments.
The Trust/Not-For-Profit will be governed by a board of nine Indigenous directors, eight of which will be selected through a process involving the Representative Plaintiff Bands, and, in the case of Regional Directors, the Class Members, and one of which will be chosen by Canada.
The Trust/Not-For-Profit will have regional representation.
In exchange for the benefits of the agreement, the Band Class members are deemed to agree to a release which will prevent them from bringing legal claims in future against Canada regarding the collective harms caused to them by the creation and operation of Indian Residential Schools. For greater clarity, this release does not relate to, and will not impact, any possible claims regarding children who died or disappeared while in attendance at Residential Schools.
Lawyers’ fees and expenses incurred over the course of the lawsuit will be paid by the Government of Canada and will not be deducted from the compensation paid to the Band Class. Canada has agreed to pay for all legal fees and expenses. These fees and expenses must be approved by the court, and will be the subject of a fee approval hearing, which will take place immediately after the settlement approval hearing.

Settlement Approval Hearing

The Federal Court heard the plaintiffs’ motion for settlement approval on February 27 and 28, 2023.

Each of the 325 First Nations that joined the lawsuit had the opportunity to make written and/or oral submissions to the court in response to the settlement.

On March 9, 2023, the judge approved the settlement and concluded that it is fair, reasonable, and in the best interests of the class.

Documents

Key documents:

For other legal documents, please contact class counsel at [email protected]

Frequently Asked Questions

What is the Band Reparations Class Action about?

The Band Reparations Class Action is a lawsuit against the Government of Canada regarding the collective harm suffered by Indigenous communities due to the loss of language and culture that resulted from Indian Residential Schools.

How was this settlement achieved?

This lawsuit was brought by representative plaintiff First Nations Tk’emlúps te Secwépemc and shíshálh Nation, with the support of the Grand Council of the Crees (Eeyou Istchee). Tk’emlúps te Secwépemc, shíshálh Nation and the Grand Council of the crees directed the litigation and participated in settlement negotiations.

It was very important during negotiations to achieve a settlement that would give Indigenous people control over the programs and initiatives that would assist in repairing harms to their Bands’ languages and cultures. The result was a trust that would operate for a 20-year period to provide funding to the Band Class Members in accordance with the Four Pillar principles.

The Four Pillars are:

Revival and protection of Indigenous languages;
Revival and protection of Indigenous cultures;
Wellness for Indigenous communities and their members;
Promotion and protection of heritage.

The settlement agreement was approved by the Federal Court on March 9, 2023.

Are individual members of the Bands entitled to compensation from this settlement?

No. This settlement addresses the collective harm to languages and cultures suffered by each Band Class Member, as a collective, as a result of Indian Residential Schools. This settlement does not relate to harms suffered by individuals.

Which Bands are included in this settlement?

This is an “opt-in” class action. That means that the Court allowed this lawsuit to proceed as a class action on behalf of Band Class Members that chose to be a part of it. There are 325 Band Class Members that opted in to this class action. Click here to see a full list of Band Class Members.

My Band is not on the list. Is it too late for my Band to join?

Yes. Unfortunately the deadline to opt in to this class action has closed. There is no further right to opt in.

Bands that did not opt in to this class action are not bound by its release. Your Band should seek advice from a lawyer about what rights and remedies may be available.

Does this settlement affect the rights of my Band or its members with respect to harms caused by churches or religious orders?

No. Section 27.04 of the Settlement Agreement says that “this Settlement Agreement does not settle, compromise, release or limit in any way whatsoever any claim by the [Class Members] against any person other than Canada.” The release in the settlement “cannot be relied upon by any Third Party, including any religious organization that was involved in the creation and operation of Residential Schools.”

Does this settlement affect Aboriginal or Treaty rights?

Only claims related to the Residential School System are released by the settlement. Aboriginal and Treaty rights are otherwise not impacted.

Can the Government use this settlement to stop future claims relating to children who died or disappeared while attending an Indian Residential School?

No. The lawsuit does not relate to children who died or disappeared while attending Residential Schools. Claims concerning children who died or disappeared are specifically excluded (protected) from the release.

I still have questions.

Please direct any questions you have to [email protected]. Class Counsel would be happy to get you answers.

Class Counsel

Class Counsel in this lawsuit are:

Peter R. Grant
Peter Grant Law Corporation

John K. Phillips, K.C.
W. Cory Wanless
Jonathan Schachter
Flora Yu
Waddell Phillips Professional Corporation

Diane Soroka
Diane Soroka Avocate Inc.

Contact

Phone: 1-888-370-1045 (toll-free)
Fax: 416-477-1657
Email: [email protected]
Att’n: Band Reparations Class Action
36 Toronto Street, Suite 1120
Toronto, ON
M5C 2C5