Is the settlement approved, and can I submit a claim now?
No. This notice describes a proposed settlement and says the Federal Court was to decide whether to approve it at the June 10–11, 2025 hearing. The notice does not say what the Court decided, so approval and payment availability cannot be assumed from those dates passing.
The claims process had not started when this notice was issued. If the settlement is approved, more information about submitting a compensation claim will be provided.
Does my hospital and admission date have to match the notice's list?
For direct compensation, a person must have been admitted to one of the hospitals listed in the notice during the period when Canada managed that hospital. They must also have suffered psychological, verbal, physical, or sexual abuse while admitted.
The dates differ by hospital. The notice's table lists 33 hospitals and their applicable dates of operation, including two separate periods for Manitowaning Indian Hospital.
How is the compensation amount determined, and can payments be added together?
If a Primary Class Member's claim is approved, compensation ranges from CAD $10,000 to CAD $200,000. The amount depends on the severity category assigned to the abuse.
This is not a separate payment for each event or hospital stay. The notice says an eligible person receives one payment based on the most severe abuse they experienced while admitted to a Federal Indian Hospital.
What will I need to do for a compensation claim, and is proof required?
If the settlement is approved, a person seeking direct compensation will need to submit a claim form and identify the compensation level they are claiming. A deadline will be set later.
An independent Claims Administrator will first assess whether the person was admitted during the relevant class period, then assess the severity of the claimed abuse. This notice does not say what supporting documents, if any, must be submitted with the form.
Can family members receive a direct payment?
No. Family Class Members do not receive direct compensation under this proposed settlement. The notice includes spouses or former spouses, certain relatives of Primary Class Members, their spouses, and people with another derivative family-law claim within the Family Class.
The proposed settlement includes a CAD $150 million Healing Fund for activities that support Class Members and their families. This notice does not explain how an individual or family member would access Healing Fund activities.
What if my concern is medical treatment rather than covered abuse?
The proposed settlement does not compensate medical malpractice or other medical-treatment claims that did not involve psychological, verbal, physical, or sexual abuse.
A person does not need to leave the class action to bring an individual medical claim. If the settlement is approved, an eligible Primary Class Member may seek settlement compensation for covered abuse and separately pursue a medical claim.
What changes if I opt out?
Opting out means leaving this class action. A person who opts out will not receive compensation under this settlement, but keeps the right to bring their own lawsuit about covered abuse.
If the settlement is approved, people who do not opt out may make a settlement claim but release Canada from individual lawsuits about psychological, verbal, physical, or sexual abuse at a Federal Indian Hospital. The notice says the opt-out deadline will be 60 days after Court approval; it does not give a calendar date.
Will lawyer fees reduce my compensation?
Class Counsel fees are to be paid separately by Canada, not taken from a Class Member's compensation. The amount had not been set in this notice and still required Federal Court approval.
A Class Member may choose any Canadian lawyer to help with a compensation claim and is not required to use a Class Counsel firm. The notice says Canada would separately pay lawyers who assist with claims up to 5% plus tax, and that those lawyers may seek Court approval for up to an additional 5% plus tax.
Other Important Dates
- Objection deadline: 2025-05-23
- Final approval hearing: June 10 and 11, 2025
- Hearing location: Ottawa, Ontario
Case Details
- Case name: Ann Cecile Hardy et al v. The Attorney General of Canada
- Case number: T-143-18
- Court: Federal Court
- Administrator: Federal Indian Hospitals Notice Administrator
Sources
Court-approved notice describing eligibility and benefits
