Indian Day School Class Action Settlement
The following is important information regarding the McLean v Canada (Court File No. T-2169-16) Federal Indian Day Schools class action. On March 12, 2019, Minister of Crown-Indigenous Relations, Carolyn Bennett, announced an out-of-court Settlement with Class Members in relation to Canada’s establishing and funding of Federal Day Schools (“Indian Day Schools”) and its subsequent control and management of the schools, known in the north as Federal Day Schools.
To join the class action, click the following link: https://ca.gowlingwlg.com/dayschoolclassaction/
As part of the Settlement, Canada will provide compensation to eligible Survivor Class Members. Compensation ranges from $10,000 for harms associated with attendance at an Indian Day School to $200,000 for repeated incidents of sexual abuse and/or physical assault causing long-term injury. The baseline harm for claims is such that nearly everyone who attended an Indian Day School will receive a single payment reflecting the most severe harms they suffered, irrespective of the number of schools attended.
The process to claim compensation will be simple, culturally sensitive, non-adversarial, and user-friendly. There will be minimal verification requirements, and the documentation people may be asked to provide (for example, photos or personal correspondence) will not require a difficult process or third-party to obtain.
In recognition of the intergenerational trauma caused by the Indian Day Schools, the Settlement also provides for a $200M Legacy Fund that will be used to support commemoration projects, health and wellness projects, and language and culture initiatives. More information on the Legacy Fund is available on the IDS website.
The Notice below provides information on the Settlement Agreement and next steps, including the Settlement Approval Hearing scheduled to be heard on May 13, 14 and 15, 2019 at the Federal Court, 363 Broadway, Winnipeg, MB R3C 3N9.
Notice of Certification and Settlement Approval Hearing – Long Form
Notice of Certification and Settlement Approval Hearing – Short Form
These notices are also available in Mi’gmaq. They can be found here:
Mikmaq Notice of Certification and Settlement Approval Hearing – Long Form
Mikmaq Notice of Certification and Settlement Approval Hearing – Short Form
