FAQ

What is the criteria to become a member of the class?

a)      You are an Indian, and

b)      You were removed from your Indian reserve, and

c)      You were removed from your Ontario reserve between December 1, 1965 and December 31, 1984, and

d)     You were placed in the care of non-aboriginal foster or adoptive parents, and

e) Your non-aboriginal foster parents or adoptive parents did not raise you in accordance with your aboriginal or Indian customs, traditions and practices.

Can I join this lawsuit, if I was part of the residential schools settlement?

If you participated in the residence schools settlement you can register, but you may end up not being eligible.

How can I join the lawsuit?

This is a self-registering class action. This means that to join you only need to fill out the Claimant Form found on this website, to the best of your ability.

Has the lawsuit been certified?

On May 6, 2010, the Honourable Justice Perell of the Ontario Superior Court made an Order for a conditional certification. The federal Crown successfully appealed the Order to the Ontario Court of Appeal. The Ontario Court of Appeal directed a new hearing before a new judge on January 17, 2013.

On July 16, 2013, the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice granted the Plaintiffs’ certification motion. The judge announced his reasons will be issued in September. The case will now go forward to trial.

What does certification mean?

 The certification stage is the first of many important steps in a class action. This is point where the judge determines whether there is cause of action, meaning a legal reason for the lawsuit, and whether this case should be pursued as a class action.

How long will the lawsuit take?

Class action lawsuits are often long and difficult processes and this case is only at the very beginning. It could take many more years before it reaches a conclusion.

Is there any money currently available to claimants?

No, there is no monetary compensation available to claimants at this time.

Is this class action available to those who were placed outside of Ontario?

No, you are eligible only if you were placed for care in a non-aboriginal environment within the Province of Ontario.

There are similar class actions in other provinces.

Can I apply if I live outside of Ontario?

Yes, as long as you fit the criteria mentioned above, you can apply, even if you live outside of Ontario, or even if you live outside of Canada.

Will I be contacted personally for any future updates?

Unfortunately, due to the number of claimants involved, it is not possible to contact each individual personally. We recommend that you submit a valid email address at the time of registration, as group emails are sent to claimants periodically to keep them apprised of the status of the case.

We also recommend that you regularly check this website for updates, or that you check the Facebook group for regular updates.

Can I apply on behalf of my siblings or parents?

Yes you can apply on behalf of others, so long as you have their consent to do so. Please make sure that you have their correct information, and that a separate Claimant Form is filled out per person.

I do not have all of my documents. Can I still apply?

Yes, even if you do not have all (or any) documentation in your possession, we still encourage you to apply as long as you fit the criteria.

If, at a later stage, any documents are required, we will contact you.

I was placed for adoption/foster care before 1965. Do I still qualify?

Yes, as long as you were under 18 years of age on January 1, 1965 and the placement was in a non-aboriginal home.