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Settlement Agreement

Settlement Overview

Key Terms of the Settlement Agreement

The Government of Canada will make a payment of $2.8 billion (the “Fund”) to a Trust/ Not-For-Profit (The Four Pillars Society) to fully and finally resolve the Band Reparations Class Action. The Four Pillars Society is primarily responsible for prudently investing the Fund, and for distributing to each of the 325 class members to support the Four Pillar principles in accordance with the Disbursement Policy.

Our Core Values

Four Pillar Principles

At the heart of our organization lie The Four Pillars Society Principles, which serve as the foundational values guiding all our actions and decisions. These principles are deeply embedded in our culture and operations.

Revival and protection of Indigenous languages

Language is the principal means by which culture is accumulated, shared and transmitted from generation to generation. The key to identity and retention of culture is the revival and protection of our languages.

Revival and protection of Indigenous cultures

Culture is a complete whole that includes knowledge, practices, customs, art, norms, beliefs, and any other capabilities and habits that offer a sense of meaning as peoples.

Protection and promotion of heritage

Heritage is about into the future. It is about stewardship and maintenance of maintaining a connection to the past, through the present and traditions and practices, as well as stewardship of our lands and waters.

Wellness for Indigenous communities and their members

It is recognized and acknowledged that wellness is connected to our cultures, traditions, and knowledge, and that wellness of our communities and peoples is best achieved through practicing our cultures and traditions, and through connection to the land.

Table of Contents

Disbursement Policy

Planning Funds

Each Band Class member will receive an initial one-time payment of $200,000 for the purposes of developing a plan to carry out one or more of the objectives and purposes of the Four Pillars.

Initial Kick-Start Funds

Upon receipt and review of a plan from a band, the Fund shall disburse the initial Kick-Start Funds, which shall be equal to the Band’s proportionate share of $325 million, with 40% attributable for the base rate, with the remaining 60% to be used to adjust for population. The base rate is an equal amount payable to each Band. The Board will determine an appropriate adjustment for remoteness for the Initial Kick-Start Funds, with any such funds required to account for remoteness being in addition to the $325 million.

Annual Entitlement

Each Band will receive a share of annual investment income that is available for distribution. That share will be equal to the Band’s proportionate share, adjusted for population and remoteness.

FAQs

All monies that remain in the Fund after the payment of the Planning Funds and the Kick-Start Funds will be prudently invested by The Four Pillars Society in accordance with professional investment advice.

The Fund will operate for a period of 20 years.

For the 20-year life of the Fund, the Annual Entitlement payments will be made from the investment income earned from the Fund; the capital of the Fund will be maintained.

At the end of the 20-year life of the Fund, the remaining funds consisting of the capital of the Fund and any undisbursed investment income will be disbursed to the Class. Each Band’s share shall be equal to the Band’s proportionate share of the remaining funds.

The Four Pillars Society will be responsible for determining the Disbursement Policy, which will consist of a base rate, a population adjustment, and a remoteness adjustment. That formula will allocate 40% to base rate, and 60% to population and remoteness adjustments.

The Four Pillars Society will be governed by a board of nine Indigenous directors, eight of which will be selected through a process involving the Representative Plaintiff Bands, and, in the case of Regional Directors, the Class Members, and one of which will be chosen by the Government of Canada.

*See our Board of Directors here*

The Four Pillars Society will have regional representation.

Lawyers’ fees and expenses incurred over the course of the lawsuit will be paid by the Government of Canada and will not be deducted from the compensation paid to the Band Class. Canada has agreed to pay for all legal fees and expenses. These fees and expenses must be approved by the court and will be the subject of a fee approval hearing, which will take place immediately after the settlement approval hearing.

Settlement Approval Hearing

  • The Federal Court heard the plaintiff’s motion for settlement approval on February 27th and 28th, 2023.
  • Each of the 325 First Nations that joined the lawsuit had the opportunity to make written and/or oral submissions to the court in response to the settlement.
  • On March 9, 2023, the judge approved the settlement and concluded that it is fair, reasonable, and in the best interests of the class.
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Message from the First Directors

It starts with community, which starts with the parent and child. The journey to the establishment of The Four Pillars Society (The FPS) began specifically with Tk’emlúps te Secwépemc and shíshálh Nation communities and families.

This particular journey was about finding some level of redress to the systemic colonial efforts to disrupt the languages, cultures, wellness fundamental to our communities and the disavowing of our Aboriginal heritage. With the additional support of the Grand Council of the Crees Eeyou Istchee (GCCEI) the steps taken resulted in the signing of a settlement agreement mid-January 2023. As other communities signed on to be included in those settlement resources (by September of 2022) development of a much broader administrative framework became necessary. This Strategic Plan sets out the next steps of this particular journey which started back in 2012.

The federal transfer of settlement monies occurred in June of 2023. We, the First Directors, were able to invest the funds only after developing bylaws, organizing federal transfer agreements, and reviewing investment partnerships. The FPS is now established to empower a twenty-year administrative venture. We have worked over the past year to ensure the capacity to; attract high-value knowledgeable directorship & executive management and, prioritize fiscal accountability and security of the $2.8+ billion.

During The FPS first strategic planning session the values most subscribed to were Respect, Fairness, and Transparency & Accountability. With that in mind we respectfully submit to the Band Class Settlement agreement members our, and your, first strategic plan. We recognized in the planning session that the first couple of years will be to further ensure the operating policies are developed and refined. We appreciate that empowering communities that have existed, changed and grown for thousands of years is a dynamic exercise and look forward to your future representative input. We thank you in advance for joining us in this collaborative journey.

Our people have chosen to claim their identity and dignity from years of trauma inflicted on them, their identity, language, culture, wellbeing and heritage and we are honoured to serve our people to implement the Band Reparation Class Action Settlement.

Shane Gottfriedson – The FPS First Director appointee Tk’emlúps (Chair)
Roderick Pachano – The FPS First Director appointee GCCEI (Vice-chair)
Sherry Boudreau – The FPS First Director appointee shíshálh (Treasurer/Secretary)