Federal Court approves Band class litigation settlement agreement

Ottawa, Ontario (March 13, 2023) — The Minister of Crown–Indigenous Relations, Marc Miller, issued the following statement today:

"Canada welcomes the Federal Court approval of the Gottfriedson Band class settlement agreement. Through this settlement, Canada will transfer $2.8 billion into an Indigenous-led trust to allow for communities that have opted in to the class action to support work around the revitalization of Indigenous language and culture. This settlement is not intended to place a value on the losses, but instead is a step forward in rebuilding our relationship with Indigenous Peoples.

In the Federal Court decision, Justice Ann Marie McDonald noted, "Settlements are not often described as 'monumental', 'historic', and 'transformational.' Here, however, I agree that those words aptly describe this Settlement Agreement. The flexibility this structure affords to the Band Class members, to set their own priorities to work within the Four Pillars and thereby address needs unique to their Nations, is unprecedented." 

Residential Schools are part of Canada's history, even recent history, and they continue to have devastating effects across the country. Part of this horrific legacy is the loss of Indigenous culture, knowledge and traditions. 

This is the first time that Canada is compensating Bands as a collective for the loss of language, culture and heritage, as a result of the residential school system. This settlement agreement and the Federal Court's decision are a significant milestone because it supports communities as they determine what's best for them and how they want to address this loss and start the healing process. 

This settlement aims to revitalize Indigenous language, culture, and heritage to support communities in healing, and to renew Canada's relationship with Indigenous Peoples. However, this in no way means that our work is done, or that all Indigenous communities that had children ripped from their families will be compensated through this settlement. 

Following this decision from the Federal Court, there are two 30-day appeal periods, after which Canada has 30 days to transfer the funds to the trust. Each Band Class member will receive $200,000to support the development of a funding proposal that reflects the objectives and purposes of the Four Pillars:

• the revival and protection of Indigenous languages, 
• the revival and protection of Indigenous cultures, 
• the protection and promotion of heritage, and 
• the wellness of Indigenous communities and their members 

These proposals will be reviewed by the Trust and used to support the disbursement of the Initial Kick-Start Funds, totalling $325 million. Each Band Class member will receive a share of annual investment income that is available. 

For more information on the terms of the settlement agreement, please visit the Band Reparations Class Action. 

For more information on the settlement agreement, please visit the news release and the backgrounder."