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Indian Hospitals, Indigenous Medical Experimentation And Inadequate Medical Care Class Action

Are you an Indigenous or Inuit Canadian who was mistreated in an “Indian Hospital” or segregated TB Sanitorium, or a relative of one? 

Thousands of First Nations people were segregated into “Indian TB Sanatoriums” or “Indian Hospitals” where they were subjected to a litany of harms. Separated from family. Forcibly confined to beds. Arrested and returned if they tried to flee. Subjected to experimentation, physical abuse, sexual abuse, forced sterilization, and poor conditions.

The pain of these acts echoes through the generations, which is why we’re seeking compensation on behalf of these victims.

This class action was certified on January 22, 2020.  The certified class is defined as follows:

Primary Class means all persons who were admitted to an Indian Hospital during the Class Period; and

Family Class means all persons who are a spouse or former spouse, child, grandchild or sibling of a member of the Primary Class and the spouse of a child, grandchild or sibling of a member of the Primary Class.

The Class Period means the period from and including the date on which Canada assumed management and control of any particular Indian Hospital, which shall be no earlier than January 1, 1936 and ending on the earlier of the following dates:

a) The date of closure of any particular Indian Hospital; or
b) The date on which management and control of any particular Indian Hospital was effectively transferred from Canada; or
c) December 31, 1981.

 

FAQ

Which hospitals are involved in the suit? 

Some or all of the following institutions may be affected by this litigation:

  1. Tobique Indian Hospital (NB);
  2. Parc Savard Indian Hospital (QC);
  3.  Manitowaning Indian Hospital (ON);
  4.  Lady Willington Indian Hospital (ON);
  5.  Squaw Bay Indian Hospital (ON);
  6.  Moose Factory Indian Hospital (ON);
  7.  Sioux Lookout Indian Hospital (ON);
  8.  Brandon Indian Hospital (MB);
  9.  Dynevor Indian Hospital (MB);
  10.  Fisher River Indian Hospital (MB);
  11.  Fort Alexander Indian Hospital (MB);
  12.  Clearwater Lake Indian Hospital (MB);
  13.  Norway House Indian Hospital (MB);
  14.  Crerar Indian Hospital (MN);
  15. Fort Qu’Appelle Indian Hospital (SK);
  16.  North Battleford Indian Hospital (SK);
  17.  Peigan Indian Hospital (AB);
  18.  Sarcee Indian Hospital (AB);
  19.  Blood Indian Hospital (AB);
  20.  Morley / Stoney Indian Hospital (AB);
  21.  Hobbema Indian Hospital (AB);
  22.  Blackfoot Indian Hospital (AB);
  23.  Charles Camsell Indian Hospital (AB);
  24.  Coqualeetza Indian Hospital (BC);
  25.  Miller Bay Indian Hospital (BC);
  26. Nanaimo Indian Hospital (BC);
  27.  Fort Simpson Hospital (NWT);
  28.  Fort Norman Indian Hospital (NWT);
  29.  Frobisher Bay Hospital (NWT);
  30.  Inuvik Hospital (NWT); and
  31.  Whitehorse Hospital (YK).

 

Please note, joining our contact list for this class action, creates no financial obligation for you and your information will be kept confidential. (If you have previously joined our contact list and your address or other contact information has changed, you may update your contact information on our list by completing the form below.)

Merchant Law Group LLP has 10 offices across Canada, with lawyers practising law in six provinces. Merchant Law Group LLP and Tony Merchant, Q.C. are well known for pursuing class action lawsuits in Canada including litigation regarding Winners/HomeSense, Various Cellular Phone Fees, BCE Dividends, GM Gasket Manifolds, Hip Implants, Lead Paint in Toys (and similar consumer products), Maple Leaf, Celebrex/Bextra, Vioxx, Sony, Residential Schools and various other cases. Tony Merchant, Q.C. is known to be one of Canada’s most active litigators with more than 600 reported cases in leading Caselaw Journals, having argued thousands of cases before the Canadian and American Courts, in Trial and Administrative Courts, and the Courts of Appeal of various American and Canadian jurisdictions, the Federal Court of Canada, and the Supreme Court of Canada. Tony Merchant, Q.C., has a long history in pursuing public policy cases and is a former Member of the Legislative Assembly (M.L.A.)

 

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