Class Actions
Quebec Native Women Inc. and Isabelle Paillé v. Attorney General of Canada – Beneficiaries of Bill S-3 status amendments
Discrimination under the Indian Act (Beneficiaries of Bill S-3)
This class action seeks to compensate individuals who are entitled to Indian status under the Indian Act AND whose entitlement to status either began or was improved wththe 2017 amendments known as Bill S-3, as well as their ancestors and descendants.
Latest news
At this time, no trial date has been set, no agreement has been reached, and no compensation is guaranteed.
On June 15, 2023, the Superior Court of Quebec certified the class action against the Attorney General of Canada. Quebec Native Women (“QNW”) represents the class, and Isabelle Paillé is the designated member. Together, they defend the group’s interests.
On September 14, 2023, QNW and Isabelle Paillé filed the originating application.
The proceeding was then stayed until December 13, 2024.
On May 7, 2025, the plaintiffs filed an amended version of the originating application.
If you meet the criteria listed below (Category A, B or C), you are automatically part of this class action.
Are you a member?
You might be a member of this class action if you fit into one of these categories:
| Category A :
The grandchildren of an Indian woman who lost her status through marriage, provided that they were born before April 17, 1985 or of a marriage entered into before that date, as well as their direct descendants: |
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| 1. Any individual in Canada (all the following criteria must be met) : | ||||||||
| a) Whose grandmother lost her Indian status as a result of her marriage to a non-Indian man before April 17, 1985; | b) Whose only Indian parent was eligible for Indian status under s. 6(1)c.1) of the Indian Act, as amended in 2010 (Gender Equity in Indian Registration Act S.C. 2010, c. 18); and | c) Who was himself/herself eligible for Indian status under s. 6(1)c.2) of the Indian Act, as amended in 2017 (An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général), S.C. 2017, c. 25); and | d) who had a child who was ineligible for Indian status prior to the coming into force of the Indian Act as amended in 2017; | |||||
| 2. As well as his or her registered Indian ancestors; | ||||||||
| 3. as well as his or her direct descendants who are themselves eligible for Indian status as a result of the 2017 amendments to the Indian Act. | ||||||||
| Category B :
Women born out of wedlock to an Indian man and a non-Indian woman and their direct descendants: |
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| 1. Any woman in Canada (all the following criteria must be met): | ||||||||
| a) who was born out of wedlock to an Indian man and a non-Indian woman before April 17, 1985; and | b) who became eligible for Indian status under s. 6(2) of the Indian Act as a result of the 1985 amendments to that Act; and | c) who was eligible for Indian status under s. 6(1)(c. 3) of the Indian Act, as amended in 2017; | ||||||
| 2. as well as her registered Indian ancestors; | ||||||||
| 3. as well as any of her direct descendants who are themselves eligible for Indian status as a result of the 2017 amendments to the Indian Act. | ||||||||
| Category C :
Enfranchised minors and their direct descendants: |
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| 1. Any individual in Canada (all the following criteria must be met) : | ||||||||
| a) whose father is Indian or unstated on the birth certificate and whose mother lost her Indian status as a result of her marriage to a non-Indian before April 17, 1985; and | b) who lost Indian status as a result of his or her mother’s marriage to a non-Indian after the individual’s birth and before he or she reached the age of majority; and | c) who regained his or her status under s. 6(1)(c) of the Indian Act, following the 1985 amendments to that Act; | ||||||
| 2. as well as his or her registered Indian ancestors; | ||||||||
| 3. as well as his or her first-degree direct descendants who are themselves eligible for Indian status under s. 6(1)(c. 01) of the Indian Act as amended in 2017, or his or her other direct lineal descendants who are eligible as a result of the amendments to the Indian Act adopted in 2017. | ||||||||
REGISTRATION FOR CLASS ACTIONS
NOTICES ABOUT OUR REGISTRATION FORM
Court Documents and Judgment
2025:
Amended Originating Application (May 7, 2025)
2024:
Motion to Authorize the modification of the Originating Application (December 13, 2024) – In French
2023 :
Originating Application (September 14, 2023) – In French
Exclusion form (July 7, 2023)
Long form notice (July 7, 2023)
Short form notice (July 7, 2023)
Judgment of certification (June 15, 2023)
2021 :
2019 :
Response from the Attorney General of Canada (June 10, 2019) [In French only]
NOTICE ABOUT OUR REGISTRATION FORM
Completing the form does not guarantee you any compensation.
Please note that completing this form does not guarantee you any compensation.
Indeed, it will ultimately be up to the court to decide on the merits of the class action and the terms of compensation. In addition, the eligibility criteria to receive compensation could be modified by the court, which could result in your exclusion from the class action.
Please also note that we will not conduct a detailed analysis of each individual case until there is a final judgment or settlement in the file. Completing this form does not mean that you are eligible.
We will inform the people who have registered of any final outcome in the class action. We will communicate with them by email. We invite you to notify us of any changes to your email address.
We also invite you to keep informed through our website which we will update regularly.
We thank you for your interest in this class action.