Ayás Mén̓men
Child & Family Services
Settlement Survey Child Welfare Compensation
Please note: Compensation is not available yet. More information (eg. compensation eligibility and the application process) will be available after Federal Court approval of a Distribution Protocol.
This agreement affects many in our community and Ayás Mén̓men (Child & Family Services) is here to support you. If you have any questions, please do not hesitate to contact the department at 604-985-4111 or amm_reception@squamish.net. You can also contact the Hope for Wellness Helpline at 1-855-242-3310.
October 2023 Update
On October 23, 2023, the Assembly of First Nations (AFN) legal counsel, along with representatives for class action parties Moushoom and Trout, went before the Federal Court of Canada to seek the approval of the Final Settlement Agreement (FSA) on compensation at a Settlement Approval Hearing.
On October 24, 2023, the Federal Court Justice overseeing the case issued a verbal decision approving the Final Settlement Agreement. This is a major milestone in the compensation process and is the result of decades of First Nations-led advocacy however, a few key steps remain. We are now awaiting the written order from the Federal Court.
The Final Settlement Agreement now includes a total of just over $23.34 billion to compensate First Nations children and families. In addition to those who were previously included, the agreement also includes:
- First Nations children who were placed in care that was not funded by Indigenous Services Canada.
- Caregivers of children who were impacted by the government’s narrow definition of Jordan’s Principle.
- The estates of parents who would have been eligible as one of the classes for compensation.
FAQs
No, there is currently no application process available for compensation. Members will be notified once this process has been finalized and there are currently no actions needed on your part.
Once the application and approval system is put in place, the Nation through Ayás Mén̓men will work to ensure that all eligible recipients are contacted and supported through the process to receive compensation.
The following may be eligible for compensation:
- First Nations children who, while under the age of majority between April 1, 1991 and March 31, 2022, were removed from their homes by child welfare authorities and placed into care funded by Indigenous Services Canada (ISC).
- First Nations individuals who, while under the age of majority between April 1, 1991 and March 31, 2022, were placed off-reserve with a non-family caregiver and where a Child Welfare Authority was involved in the placement.
- First Nations children (living both on-reserve and off-reserve) who were confirmed to need an essential service but faced a delay, denial or a gap in receiving that essential service between April 1, 1991 and November 2, 2017.
- The parents or grandparents of the children listed in the above situations.
If you were denied or delayed an essential service that caused a material impact on the child between April 1, 1991, to November 2, 2017, then you may be eligible for compensation from the Jordan’s Principle Class Action. Information on the process and other eligibility criteria will be shared once available.
There is no date set for those eligible to receive compensation. Once available, compensation will be paid directly to those approved.
The compensation will be dependent on several factors, including time in care. Once approved for eligibility you may be entitled to receive the base compensation of $40,000. Eligible recipients may also be entitled to an enhancement payment according to several factors such as: the age of the child at time of removal; the time in care; age of child at the time they exited the system, and several other factors that will be weighted by the administrators.
There is compensation available for the parents or grandparents of the child who was/were impacted by Canada’s systemic discrimination in the underfunding of child and family services on-reserve, and its narrow interpretation of Jordan’s Principle. Information about compensation eligibility and the application process will be available after Federal Court approval of a Distribution Protocol.
No child or applicant for the child will be required to submit to an interview, examination, or other form of “viva voce” evidence taking. For additional claims back up documentation may be required.
You do not currently have to live on-reserve to receive compensation.
No, the Nation has not received any monies. Compensation is not yet available.
No, the Nation will not be involved with the decisions on who is eligible for compensation. The decisions on eligibility will be made by a “Settlement Implementation Committee”, who will also be creating the application process.
The Nation through Ayás Mén̓men will advocate for and support all eligible Members with the application process once it is announced.
You do not have to sign up for this class action suit through a lawyer or through any of the available websites. It is optional but not required for compensation.
Once the eligibility factors are determined and the application process is available, this information will be sent to all Nation Members. Ayás Mén̓men will provide support for the application process to all Members who may be eligible.
Nation Updates
Squamish Nation Statement on defeat of the Final Settlement Agreement
The Squamish Nation is celebrating the defeat of the draft Final Settlement Agreement on the Reform of the First Nations Child and Family Services Program.
Our Generational Plan is being unveiled
On Saturday, Nov. 2 a special event is planned for the unveiling of Úxwumixw 2050. The event is an opportunity to share and celebrate Úxwumixw 2050: Sḵwx̱wú7mesh Generational Plan.
