Band Class

Band Class Information

DEADLINE TO OPT-IN HAS BEEN EXTENDED TO JUNE 30, 2022

Band Reparations Class Action

The representative plaintiff Bands in the class action, Tk’emlúps te Secwépemc Indian Band and shishalh Band are suing the Government of Canada claiming that it is responsible for damages to the Bands arising from Indian Residential Schools, and in particular, the collective harm suffered by Bands due to loss of language and culture. The case is currently scheduled to go to trial in September 2022. 

Key Documents

The Band Class is made up of over 250 First Nations that chose to be part of the class action.

For more information about the Band Class claim, please contact:

Tel.: 1-888-370-1045
Email: bandclass@waddellphillips.ca

Quick facts about the Band Reparations Class Action:

  • The class action lawsuit is against the Government of Canada. The lawsuit says that the Government of Canada is responsible for damages to the Bands arising from Residential Schools, and in particular, the collective harm suffered by Bands due to loss of language and culture.
  • This lawsuit is not about harms suffered by individuals who attended Residential Schools – instead it is about the collective harm suffered by Bands as a group
  • In order to participate as class members, Bands must “opt-in” or “join” the lawsuit by filing out an opt-in form.
  • In order to be eligible to join the Band must:
    • be a “Band” under the Indian Act, or a band, First Nation or other Indigenous group that is party to a self-government agreement or treaty establishing it as a legal entity; AND
    • have had a Indian Residential School in their community or have had one or more members who attended an Indian Residential School, either as a resident or a day scholar.
  • There is a list of Indian Residential Schools that are part of the lawsuit.
  • In September, there is going to be a trial on whether Canada is liable (i.e. responsible) for the collective harms caused to bands as a result of Residential Schools.
  • If the court says that Canada is responsible, there will be a process later to determine how much in damages is owed to each Band – it is possible that individual Bands will need to participate in that part of the action by submitting evidence of the extent of harms caused to their community because of Residential Schools.
  • There is no cost to opting-in. The bands that opt in (i.e. class members), are not responsible for paying any legal fees of lawyers of the class.
  • The representative plaintiffs (in this case Tk’emlúps te Secwépemc and shíshálh Nation) are responsible for making decisions regarding the litigation.