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Law Society of Saskatchewan Initiatives Truth and Reconciliation Information on Indigenous Class Action Settlements

Information on Indigenous Class Action Settlements

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Information for Indigenous Peoples

There are a number of class action settlements in Canada related to harm done to Indigenous peoples. If you wish to make a claim for compensation under a settlement agreement, you will need to complete and submit the correct forms. Information on where to find these details is provided below and you may also register through the settlement websites to receive information directly.

Generally, if you qualify for compensation under a class action settlement agreement, you are to receive your compensation without any deductions for legal fees or disbursements.

If you need assistance to complete your claim form or to make your claim, class action legal counsel can provide assistance at no cost to you. You can also choose to have another lawyer assist you and lawyers in Saskatchewan can be located through the Law Society’s Find Legal Assistance Directory. If you choose to have another lawyer assist you, the terms of their compensation shall be in accordance with the terms of the settlement agreement. The Law Society cannot provide legal advice to you or file a claim on your behalf.

* Links provided are to the original Settlement Agreement documents. Subsequent amendments, addendums and supplementary orders may also affect your claim, and can be found on the websites for each action.

Information for Lawyers

The terms of class action settlements for harms done to Indigenous Peoples raise important ethical issues that lawyers should consider in the context of the Code of Professional Conduct:

  • Rule 3.2-2: there is a duty of honesty and candour that requires lawyers to inform their clients “of all information known to the lawyer that may affect the interests of the client.”
  • Rule 4.1-2(c): there is an ethical obligation related to making legal services available and a restriction on lawyers offering and marketing legal services using means that “take advantage of a person who is vulnerable or who has suffered a traumatic experience and has not yet recovered.”
  • Rule 4.2-1(f): there is a prohibition on marketing that takes “advantage of a vulnerable person or group.”

These provisions and the ethical principles they embody requires lawyers seeking to represent potential claimants, or whose services are sought by potential claimants, to:

  • inform them of the claims process under the relevant settlement;
  • advise what the settlement agreement states regarding the process and that it is designed to be navigable without private legal representation / legal costs for the claimant as appropriate; and
  • identify the no-cost navigational supports available.

Many members of the classes covered by these settlements have experienced trauma and are vulnerable. The provisions of the settlements have been designed to protect vulnerable claimants from unnecessary legal costs.

For More Information

For further information regarding lawyers or legal fees in relation to class action settlements in Saskatchewan, please contact:

Valerie Payne, Director of Professional Responsibility
Law Society of Saskatchewan
Phone: 306-569-8242 (Regina)
Toll Free: 1-833-733-0133