Final agreement reached to resolve Hardy class action

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OTTAWA, ON, March 6, 2025 /CNW/ - Today, the Honourable Gary Anandasangaree, Minister of Crown-Indigenous Relations and Northern Affairs, and Minister responsible for the Canadian Northern Economic Development Agency, and Ann Cecile Hardy, court-appointed representative plaintiff, jointly announced that a proposed Settlement Agreement has been reached in the Federal Indian Hospitals (Hardy) class action.

Over the past five years, the Government of Canada and counsel for the plaintiffs have been engaged in discussions to resolve this litigation outside of the courts. With the signing of this proposed Settlement Agreement, Canada has agreed to provide individual compensation to former patients who suffered verbal, psychological, physical, and/or sexual abuse at a Federal Indian Hospital ("Hospital").

Canada has also agreed to provide $150 million to support healing, wellness, reconciliation, protection of languages, education and commemoration activities, as well as $235.5 million to support research, education, and preservation of the history of the Hospitals. Indigenous Services Canada will also be provided $150 million to extend existing mental health and wellness supports to Hardy class members. This approach builds on lessons learned and effective practices for supporting survivors and their families in previous settlements.

The parties will seek approval of the proposed Settlement Agreement from the Federal Court of Canada on June 10-11, 2025. The Court will consider whether the Settlement is fair, reasonable, and in the best interests of the class. If approved by the Court, compensation and other benefits will be available to eligible class members. Class members will have an opportunity to review the proposed Settlement Agreement and provide their comments to the Court. More information on this process and timelines, including compensation and class member supports, will be provided to class members in advance of the approval hearing.

The parties will work to ensure that class members are actively engaged in the resolution of this settlement. The forthcoming steps and outreach – will be a trauma-informed and culturally safe process.

Quotes

"I am so glad we have finally reached this stage in the settlement agreement. This class action has been going on for more than 7 years. It has been an exhausting process. For me personally, it has taken most of my adult life to come to terms with what Canada did to me when I was a child.

I did not start this class action to get paid. I started it because I needed Canada to acknowledge what it did to us. I'm so glad that has now happened. Because these hospitals caused so much trauma, it was extremely important to me that the compensation process had to be trauma informed. I'm proud of what we achieved with this process. It is Survivor centric. It is culturally sensitive. It is user-friendly. Survivors are assumed to be acting honestly and in good faith. These elements were crucial for me and the entire Class.

Canada's commitment to healing and wellness initiatives, locating burial sites connected to the Hospitals and mental health supports for class members are another important step on the path to reconciliation. The Federal Hospitals have left a terrible legacy on our Indigenous people. I have met with the minister personally to explain how important it is to recognize the impact this has had on us, the Indigenous patients. I appreciated how respectful he was and his true desire to learn the history of Survivors."

Ann Cecile Hardy 
Court-appointed Representative Plaintiff

"To truly walk the path of reconciliation and build a renewed relationship with Indigenous Peoples, we must face up to and address past wrongs, guided by the United Nations Declaration on the Rights of Indigenous Peoples. We acknowledge and profoundly regret the abuse and the destruction of culture that Indigenous Peoples experienced in these Hospitals. This proposed settlement marks a significant milestone in Canada's effort to resolve historical Indigenous claims and represents continued progress towards renewed partnership and healing. It is a priority to ensure that survivors are well supported and not revictimized in this process. Survivors have told me first-hand that the recognition of past wrongs and healing supports are just as critical as the compensation itself."

The Honourable Gary Anandasangaree 
Minister of Crown-Indigenous Relations and Northern Affairs and Minister responsible for the Canadian Northern Economic Development Agency

Quick Facts

• The federal government established 33 Hospitals which provided medical treatment to hundreds of thousands of Indigenous patients during the class period, January 1, 1936 to December 31, 1981.
• Filed in 2018 and certified in 2020, Hardy v. Attorney General of Canada is a national class action brought on behalf of former patients of the Hospitals and their families.
• Over the past five years, the Government of Canada and counsel for the plaintiffs have been engaged in discussions to resolve this litigation outside of the courts.

Associated links

Indian Hospitals Class Action

Federal Indian Hospitals Class Action

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SOURCE Crown-Indigenous Relations and Northern Affairs Canada

For more information, media may contact: Koskie Minsky LLP, 1-866-777-6308, [email protected]; Gregory Frame, Press Secretary, Office of the Honourable Gary Anandasangaree, Minister of Crown-Indigenous Relations and Northern Affairs and Minister responsible for the Canadian Northern Economic Development Agency, [email protected]; Media Relations: Crown-Indigenous Relations and Northern Affairs Canada, [email protected]; Castlemain Class Action and Community Delivery, [email protected]