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Indian Hospitals Class Action
We are pleased to announce that the Federal Court has approved the Settlement Agreement in this action. A copy of the Federal Court’s reasons for approving the Settlement can be viewed here. The approved Settlement Agreement can be viewed here.
The Claims Period is now open, and eligible class members have until July 27, 2028 to submit a Claim directly to the Claims Administrator. The Claim Form and a step-by-step Claim Guide are available on the administrator’s website at: https://ihsettlement.ca/.
Only Primary Class Members who suffered psychological, verbal, physical and/or sexual abuse while admitted to a Federal Indian Hospital during the period it was operated by the Government of Canada, are eligible for individual compensation from the Settlement. Primary Class Members who passed away on or after January 25, 2016, may be eligible through the Estates process.
Should you have any questions, please review the Administrator’s FAQ here or contact the Administrator at 1-888-592-9101 or GeneralInfo@Contact.IHSettlement.ca, or by mail at PO Box 5493, STN Main, Newmarket, ON L3Y 0J4.
For all other inquiries, you may also contact Class Counsel at the contact information listed under the Contacts section available here. There is no cost for speaking with Class Counsel about the class action or the Settlement.
The following information about the settlement refers to sensitive issues, including physical and sexual abuse, which individuals may find triggering and traumatic. If you or someone you are assisting experiences symptoms of trauma and/or needs to speak to someone, support is available:
- Hope for Wellness Helpline: 1-855-242-3310 or www.hopeforwellness.ca
- Indian Residential Schools Resolution Health Support Program
- Federal Indian Day Schools Health and Cultural Support Program
- Mental health counselling benefits under the Non-Insured Health Benefits (NIHB) program
- Missing and Murdered Indigenous Women (MMIW) Crisis Line: 1-844-413-6649
- Talk 4 Healing support for Indigenous women: 1-855-554-4325 or Talk4Healing Website
- Find your local Friendship Centre
Settlement Benefits
The Settlement will provide compensation to eligible Class Members who suffered abuse at a Federal Indian Hospital, including psychological, verbal, physical and/or sexual abuse. Compensation will be awarded according to the Compensation Grid and will range from $10,000 CAD to $200,000 CAD based on the severity of abuse.
The Settlement also includes the establishment of a Foundation, which will administer:
- A Healing Fund that will provide $150,000,000 CAD to support healing, wellness, reconciliation, protection of languages, education and commemoration activities; and
- A Research and Commemoration Fund that will provide $235,500,000 CAD to support research and education regarding Federal Indian Hospitals, the preservation of their history, and the location of burial sites associated with the Hospitals.
The Settlement will require that the Foundation which will administer $385.5 million in total funds be guided by a plan developed through a structured process of engagement with Indigenous stakeholders, including Class Members and Indigenous communities. The Foundation’s activities will reflect the actual interests and priorities of affected communities.
The Settlement also provides for a $150,000,000 CAD funding increase to Indigenous Services Canada, under existing programming, to support Class Members’ health and wellness throughout the implementation of the Settlement Agreement.
The Federal Court issued its decision to approve the Settlement Agreement on June 24, 2025. You can find a copy of the Settlement Agreement and its Schedules under the Documents section below and on the Federal Indian Hospitals Class Action website.
Background
This class action was certified on January 22, 2020. A settlement has now been reached.
The classes are defined as follows:
Primary Class means all persons who were admitted to a Federal Indian Hospital while operated by the Federal Government during the Class Period (January 1, 1936 to December 31, 1981)
Family Class means all persons who are a spouse or former spouse, child, grandchild or sibling of a member of the Primary Class and the spouse of a child, grandchild or sibling of a member of the Primary Class.
(“Class Members”)
The Class Period means the period from and including the date on which Canada assumed management and control of any particular Federal Indian Hospital. The list of Federal Indian Hospitals and dates they were operated by the Federal Government can be found in the Long Form Notice.
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Latest Developments
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January 27, 2026
The Claims Period is now open, and eligible class members have until July 27, 2028 to submit a Claim directly to the Claims Administrator. The Claim Form and a step-by-step Claim Guide are available on the administrator’s website at: https://ihsettlement.ca/.
Only Primary Class Members who suffered psychological, verbal, physical and/or sexual abuse while admitted to a Federal Indian Hospital during the period it was operated by the Government of Canada, are eligible for individual compensation from the Settlement. Primary Class Members who passed away on or after January 25, 2016, may be eligible through the Estates process.
Should you have any questions, please review the Administrator’s FAQ here or contact the Administrator at 1-888-592-9101 or GeneralInfo@Contact.IHSettlement.ca, or by mail at PO Box 5493, STN Main, Newmarket, ON L3Y 0J4.
For all other inquiries, you may also contact Class Counsel at the contact information listed under the Contacts section available here. There is no cost for speaking with Class Counsel about the class action or the Settlement.
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June 24, 2025
The Settlement Agreement was approved by the Federal Court on June 24, 2025. A copy of the Federal Court’s reasons for approving the Settlement can be viewed here. The approved Settlement Agreement can be viewed here.
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June 13, 2025
The Federal Court heard the motions for approval of the settlement and class counsel fees on June 10-11, 2025. Justice Favel reserved his decision on the settlement. When the decision is released, we will post an update with further information.
Compensation is not yet available. If you are a Class Member, you do not have to do anything at this time.
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March 6, 2025
A proposed settlement between the parties was announced in Ottawa. The full news release can be viewed here.
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October 29, 2020
The Amended Statement of Claim was filed in 2020. A copy of the Fresh as Amended Statement of Claim is available here.
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January 22, 2020
The claim has now been certified as a class action. A copy of the certification order is available here.
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January 25, 2018
The Statement of Claim has been issued in this matter. A copy is available here.
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January 27, 2026
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Documents
- January 27, 2026 Claim Form
- January 27, 2026 Claim Form Guide
- June 24, 2025 Settlement Approval Order and Reasons of Justice Favel
- March 11, 2025 Schedule D - List of Federal Indian Hospitals
- March 6, 2025 Proposed Settlement Agreement and Schedules
- March 6, 2025 Compensation Grid – Schedule B to the Proposed Settlement Agreement
- March 6, 2025 Opt Out Form
- March 6, 2025 Objection Form
- March 6, 2025 Short Form Notice of Settlement Approval Hearing
- March 6, 2025 Long Form Notice of Settlement Approval Hearing
- October 29, 2020 Fresh as Amended Statement of Claim
- January 22, 2020 Certification Order
- January 25, 2018 Statement of Claim
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Claims Administrator:
410-220 12 Avenue SW, Building C
Calgary, AB T2R 0E9
Email: Info-IH@IHClassAction.ca
Phone: 1-888-592-9101Koskie Minsky LLP:
20 Queen St West
Toronto, ON M5H 3R4
Email: indianhospitalsclassaction@kmlaw.ca
Phone: 1-866-777-6308Cooper Regel LLP:
77 Chippewa Road
Sherwood Park, AB T8A 6J7
Email: info@cooperregel.ca
Phone: 1-800-994-7477Merchant Law Group LLP:
2710 17th Avenue SE
Calgary, AB T2A 0P6
Email: hospitals@merchantlaw.com
Phone: 1-888-652-7020Klein Lawyers LLP:
1385 West 8th Avenue #400
Vancouver, BC V6H 3V9
Phone: 604-874-7171
