Compensation

Learn about compensation levels under the Federal Indian Hospitals Settlement, based on the Compensation Grid and the harms experienced during hospital admission.

The information below includes examples of harms intended to be compensated if they occurred while a Claimant was admitted to a Federal Indian Hospital during the period it was operated by the Government of Canada. It is based on the Compensation Grid in the Settlement Agreement.

Claims will be assessed based on the exact wording in the Compensation Grid as seen on the left side of the table. The right side of the table provides additional information to help Class Members share their experiences in the Claim Form. The examples provided are only meant to help people understand the Compensation Grid and recognize their own experiences if they choose to share them. This is not meant to be a complete list, please include your experiences in your own words and what you’re are comfortable sharing.

The Settlement does not include Claims connected to medical treatment.

Wellness and support reminder

Reading about harms and abuse can be very difficult. Please take your time, go at a pace that feels right for you, and take breaks if you need to.

Support is available 24 hours a day through the Hope for Wellness Helpline at 1-855-242-3310 or www.HopeForWellness.ca , with counselling in English, French, Cree, Ojibway, and Inuktitut upon request.

Compensation Levels

Level 1, $10,000
Description from the Settlement AgreementThis could mean
Sexual comments or sexualized provocation; OR

Unreasonable or disproportionate acts of discipline or punishment; OR

One or more incidents of mocking, denigration (e.g. belittling or abusive language), or humiliation (e.g. shaming); OR

Threats of violence or intimidating statements or gestures; OR

One or more incidents of abuse, such as:

  • Unreasonable confinement unrelated to medical treatment and interventions; OR
  • Being forced to consume alcohol and/or illegal substances, excluding the administration of necessary medication including narcotics.
This level covers experiences that may have been frightening or harmful, even if there was no physical contact.

Harms and/or injuries that relate to, or result from, medical treatment and interventions are not included.

Your experience might include one or more incidents of:

  • People making sexual jokes or comments about your body
  • Being looked at or leered at in a sexual way that made you uncomfortable
  • Being called derogatory names meant to embarrass, shame, or degrade you
  • Being threatened with violence, or intimidating statements or gestures
  • Being locked in a room or area for non-medical reasons
  • Being hit, strapped or injured physically
  • Being tied down, strapped in, or held/restrained somewhere as punishment (being tied down, strapped in or held/restrained when receiving medical treatment is not included)

Being forced to eat, drink or consume alcohol or drugs that was not part of your medical care.

Level 2, $50,000
Description from the Settlement AgreementThis could mean
One or more incidents of:

  • Nude photographs taken of the Primary Class Member with no medical purpose (such as for medical treatment or interventions including X-rays); OR
  • Non-patients exposing their genitals or other private parts to the Primary Class Member; OR
  • Touching genitals or other private parts (directly or through clothing), excluding touching for a medical purpose (e.g. with a thermometer, scope, or other medical device); OR
  • Fondling or kissing; OR
  • Simulated intercourse through clothing;

OR

One or more incidents of physical assault causing:

  • Minor impairment or disfigurement that was not permanent (e.g. loss of consciousness, broken bones, loss of or damage to teeth, black eye, bruise, abrasion, laceration, fracture) excluding extractions of teeth or minor impairment or disfigurement that is the result of medical treatment or interventions.
This level covers experiences that involved sexual touching, sexual exposure, or physical assault that caused harm, but did not result in permanent injury.

Harms and/or injuries that relate to or result from medical treatment and interventions are not included.

Your experience might include:

One or more incidents of sexual abuse or sexualized behaviour:

  • Someone took nude photos of you even though there was no medical reason to do so
  • A person who was not a patient exposed their genitals (i.e. vagina or penis) or private parts to you
  • Someone touched your genitals or private areas, either on top of clothing or underneath, when it was not for medical care
  • Someone kissed you or touched you in a sexual way, including patting or touching meant to arouse themselves
  • Someone simulated, acted out or tried to have sexual intercourse with you through clothing

This level also includes being physically attacked one or more times in a way that caused minor, temporary injuries, such as:

  • Losing consciousness
  • Broken bones
  • Damage to teeth
  • Black eyes, bruises, cuts, or scrapes
  • Any similar injury that later healed
Level 3, $100,000
Description from the Settlement AgreementThis could mean
One incident of:

  • Masturbation; OR
  • Oral or attempted oral intercourse; OR
  • Attempted penetration (including vaginal or anal, digital penetration or penetration with an object) excluding attempted penetration for a medical purpose (e.g. with a thermometer, scope, or other medical device); OR

Recurring (pattern or repetitive) physical assaults causing:

  • Minor impairment or disfigurement that was not permanent (e.g. loss of consciousness, broken bones, loss of or damage to teeth, black eye, bruise, abrasion, laceration, fracture) excluding extractions of teeth or minor impairment or disfigurement that is the result of medical treatment or interventions.
This level covers experiences that involved sexual abuse or repeated physical assaults.

Harms and/or injuries that relate to or result from medical treatment and interventions are not included.

Your experience may include:

One incident of Sexual abuse:

  • Someone made you take part in masturbation activity, including using any part of your body to masturbate themselves, or using any part of their body to masturbate you
  • Someone did, or tried to, make you take part in oral sex, or put their mouth on your genitals, or tried to make you put their genitals on your mouth
  • Someone tried to penetrate your body with a body part or object, when it was not for medical care

Recurring physical assaults:

  • You were physically hurt more than once, or in repeated attacks where you were hit, smacked, or otherwise injured, and
  • These assaults caused temporary injuries such as:
  • losing consciousness
  • broken bones
  • damage to teeth
  • black eyes, bruises, cuts, or scrapes
  • other injuries that later healed
Level 4, $150,000
Description from the Settlement AgreementThis could mean
One incident of penetration (including vaginal or anal, digital penetration or penetration with an object) excluding penetration for a medical purpose (e.g. with a thermometer, scope, or other medical device); ORTwo or more incidents of:

  • Attempted oral intercourse; OR
  • Attempted penetration (including vaginal or anal, digital attempted penetration or attempted penetration with an object) excluding attempted penetration for a medical purpose (e.g. with a thermometer, scope, or other medical device); OR
  • One or more physical assaults causing permanent or long-term mental or physical impairment, injury, or disfigurement.
This level covers sexual abuse or physical assaults that caused long-term or permanent harm. These experiences may have happened more than once.

Harms and/or injuries that relate to or result from medical treatment and interventions are not included.

Your experience may include:

Sexual abuse:

  • Someone penetrated your body sexually with a body part or an object, when it was not for medical care
  • You experienced two or more incidents where someone tried to make you take part in oral sex, or put their mouth on your genitals, or tried to make you put their genitals on your mouth
  • You experienced two or more attempts at penetration with a body part or an object when it was not for medical care

One or more physical assaults causing lasting harm

  • You were physically attacked in a way that caused long-term or permanent mental /emotional, psychological or physical injury

This may include injuries that changed how your body works, how you move, or how the trauma has impacted your mental health and wellbeing, even after healing

Level 5, $200,000
Description from the Settlement AgreementThis could mean
Two or more incidents of:

  • Masturbation; OR
  • Oral intercourse; OR
  • Penetration (including vaginal or anal, digital penetration or penetration with an object) excluding penetration for a medical purpose (e.g. with a thermometer, scope, or other medical device); OR
  • Any pregnancy resulting from an incident of sexual assault (including pregnancy that is interrupted by miscarriage or therapeutic abortion); OR
  • One or more physical assaults causing permanent loss of mobility or brain injury.
This level covers the most severe forms of sexual abuse and physical assault.

Harms and/or injuries that relate to or result from medical treatment and interventions are not included.

Your experience may include:

Sexual abuse:

  • You experienced two or more incidents where someone made you take part in masturbation
  • You experienced two or more incidents where someone made you take part in oral sex, or put their mouth on your genitals, or made you put their genitals on your mouth
  • You experienced two or more incidents of vaginal or anal penetration, or penetration with a finger or object, when it was not for medical care
  • You became pregnant because of a sexual assault, including pregnancies that ended or were not carried to term (miscarriage or an abortion)

Severe physical assault

  • You were attacked in a way that caused permanent loss of speech/memory, impaired use of a body part or mobility or a permanent brain injury.

These injuries may have changed your body’s ability to move, including requiring a prosthetic limb or wheelchair, or how you think, or effectively process information.

Need assistance?

Claims Helpers are available to help you complete your Claim Form and answer your questions.

Support is free, your information is secure and you can go at your pace.

Indigenous Services Canada provides dedicated cultural and emotional support services for those affected by the Settlement.

In addition, mental health and wellness support is available anytime at the Hope for Wellness Helpline. Call 1-855-242-3310 or visit www.HopeForWellness.ca . Services are free, confidential and available in English, French, and Cree, Ojibway and Inuktitut upon request.