Caring Society Statement on the Federal Court Approval of the 23.4B Compensation Agreement

Press Release

October 24, 2023

Caring Society Statement on the Federal Court Approval of the 23.4B Compensation Agreement

We honour the children, youth, families, and First Nations who were impacted by Canada’s discriminatory conduct in First Nations child and family services and Jordan’s Principle. Thiscompensation is a small measure of justice for those who lost their childhoods, their families and, in too many tragic cases, their lives. The courage of the First Nations children, youth, and families who spoke their truths to achieve justice during the 17 years of this ongoing litigation has inspired and uplifted us all.

We recognize the dedication of the Representative Plaintiffs to the Class Action proceedings. They are brave, kind, and generous people who stood up for justice. We recognize the Class Action Parties and the Government of Canada for working with us on the Revised Final
Settlement Agreement.

Compensation will not flow right away; another legal document called a Distribution Protocol will need to be approved by the Federal Court in the coming months. This document will set out the timing of the compensation, what claimants need in order to apply, and will provide information and access to vital services and supports. It is essential that these supports take full account of the distinct needs of children and youth, as tens of thousands of the victims are still children. In this regard, we are guided by the voices of First Nations youth in and from care who have emphasized the importance of supports before, during, and after compensation is provided. We are also so grateful for the guidance of the Elders, First Nations leadership, and community experts whose advice has been, and will continue to be, invaluable to achieving success.

While the class action phase of the compensation process unfolds in the courts, we continue to work with the other Parties in the Canadian Human Rights Tribunal (Tribunal) case to end Canada’s discrimination towards children, youth, and families. This compensation is historic, but we hope it is the last one because every time compensation is paid it means that children and families were hurt. We owe it to the Residential School Survivors, 60 Scoop Survivors, those harmed in this case, and the public to ensure Canada stops its ongoing discrimination against First Nations children, youth, and families and to prevent it from happening again.

We end with expressing profound gratitude to the public, especially the children and youth who continue to stand with First Nations children, youth, and families on this path to truth and reconciliation. We ask that you continue the journey with us as we work with the Parties before the Tribunal including our co-complainant the Assembly of First Nations, the Canadian Human Rights Commission, and the Interested Parties, the Chiefs of Ontario, Nishnawbe-Aski Nation, and Amnesty International to end the discrimination and prevent it from happening again. Wethank you for standing with us to ensure that this generation of First Nations children can grow up healthy and proud.

Special thanks to the Caring Society lawyers Sarah Clarke, David Taylor, Anne Levesque, and their teams for providing pro-bono legal services to ensure compensation before the Tribunal was achieved and the Revised Final Settlement Agreement was approved.

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