A significant milestone has been reached in the long-running battle for survivors of the federal Indian hospitals, as a proposed settlement has been reached in the Hardy v. Attorney General of Canada class action lawsuit.
The federal government’s establishment of 33 Indian hospitals between 1936 and 1981 resulted in a system that subjected hundreds of thousands of Indigenous patients to conditions that often resulted in severe mistreatment, neglect, and abuse. This proposed settlement is a crucial step in addressing the historical trauma inflicted upon Indigenous peoples within these institutions.
From January 1, 1936, to December 31, 1981 the federal government operated 33 Indian hospitals across Canada, which were designed to provide medical treatment to Indigenous peoples, but in many cases, became places of suffering and abuse. These facilities were part of a broader colonial system aimed at controlling and assimilating Indigenous communities. Patients, including children, were often subjected to neglect, forced sterilizations, medical experimentation, physical and sexual abuse, and other forms of mistreatment.
The Class Action Lawsuit
In 2018, Ann Cecile Hardy, a former patient who had suffered abuse at one of the Charles Camsell Indian Hospital, filed a national class action lawsuit against the Canadian government. This lawsuit, known as Hardy v. Attorney General of Canada, was certified in 2020, representing the interests of former patients of the Indian hospitals and their families. The class action was initiated to seek justice for the survivors and hold the Canadian government.
Ann Cecile Hardy, who endured mistreatment and suffering during her time at the hospital, became the voice for many survivors. In a statement on the Canadian Federal Government website, Cecile expressed, “I am so glad we have finally reached this stage in the settlement agreement. This class action has been going on for more than seven years. It has been an exhausting process…” Cecile’s determination and resilience have been pivotal in bringing attention to the mistreatment faced by Indigenous patients in the Indian Hospitals.
The lawsuit sought to bring attention to the systemic abuse that occurred within these institutions and compensate those who endured physical, psychological, and emotional trauma. The case also aimed to preserve the history and experiences of those affected, ensuring that the truth of what happened in these hospitals would not be forgotten.
In a press release issued on March 6, 2025, the federal government announced that a proposed settlement had been reached. As part of this settlement, the government has agreed to provide individual compensation to former patients who suffered verbal, psychological, physical, and/or sexual abuse while under the care of the Federal Indian Hospitals. This compensation is a crucial acknowledgment of the harm caused and a step towards addressing the long-lasting impacts of the trauma experienced by the survivors.
In addition to individual compensation, the government will allocate $150 million for healing, wellness, reconciliation, language preservation, education, and commemoration activities. This funding is intended to help Indigenous communities heal from the trauma inflicted by the Indian Hospital system and to support efforts to revitalize Indigenous languages and cultural practices that were often suppressed in these institutions.
Moreover, the Canadian government has committed $235.5 million for research and the preservation of the history of the Indian Hospitals. This will include efforts to document and educate the public about the experiences of those who were affected by these hospitals, ensuring that future generations understand this dark chapter in Canada’s history.
In addition, Indigenous Services Canada will receive $150 million to extend mental health and wellness supports to Hardy class members, further addressing the ongoing psychological and emotional needs of survivors. These supports will be critical in helping survivors and their families heal from the lasting impacts of their experiences.
Recognition just as important as compensation
The proposed Indian Hospitals settlement has left Gail K. Gus feeling heartbroken and frustrated. Gail’s late mother, June Watts, was held in Nanaimo Indian Hospital for one day shy of a decade, and was left debilitated for the remainder of her years by the medical maltreatment she was subjected to.
"When I read the proposed settlement it made me sad,” said Gus. “Our government and churches just get away with never recognizing my mom in any way. It’s hurtful to me."
For those affected, the pain runs deep, not only due to personal loss but the lack of meaningful acknowledgment.
"My mom spent 10 years in the hospital, and even after she got out, she still went and worked there because she couldn’t stand to leave the kids there," Gail reflected, highlighting the emotional toll the Indian Hospital had on her mother.
The trauma extends beyond individuals; it’s a generational issue.
"My mom was sick my whole life, and then I lost her prematurely when I was in my twenties because of that hospital," Gail said.
For Gail, the fight is not just about compensation but about ensuring the stories of survival and suffering are recognized.
"The biggest part isn’t just educating the world, but educating our communities and our own people,” Gail shared. “The intergenerational impacts of Indian Hospitals is something that isn’t talked about as much."
She noted that the press release of the proposed settlement came on March 6, the anniversary of her mother's death.
The announcement of the settlement was met with positive responses from key government officials. The Honourable Gary Anandasangaree, minister of Crown-Indigenous Relations and Northern Affairs, expressed deep regret for the abuse and destruction of culture that Indigenous peoples experienced in the Indian Hospitals.
“It is a priority to ensure that survivors are well supported and not revictimized in this process,” he said in a statement. “Survivors have told me first-hand that the recognition of past wrongs and healing supports are just as critical as the compensation itself.”
Anandasangaree’s remarks highlight the broader goal of the settlement, which is not only to provide financial compensation but also to support the long-term healing and reconciliation process for Indigenous peoples.
The proposed settlement in the Hardy class action lawsuit represents a long-awaited step towards justice for the survivors of the Indian Hospitals. The case, which has spanned almost seven years, has been a grueling process for those who have fought for accountability and healing. For many survivors, the settlement provides a sense of closure and a recognition of the pain and suffering they endured. However, the journey towards healing is far from over.
“I did not start this class action to get paid. I started it because I needed Canada to acknowledge what it did to us,” said Ann Cecile Hardy in a statement. “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.”
