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A informational settlement website is live for day scholars — as well as their children and certain bands — who experienced cultural, linguistic, and psychological harm while at residential schools.
The class action lawsuit, filed in 2012, sought compensation for thousands of day scholars at residential schools who were denied payments in the government’s 2006 Indian Residential Schools Settlement Agreement (IRSSA) in the same manner as students living at the schools.
The day scholars were allowed to apply for individual assessment for the alleged abuses they experienced; however, they were excluded from the “common experience” compensation.
The Survivor Class includes all day scholars who attended residential schools during the day only, for all or part of a school year.
The Descendant Class is made up of the first generation of individuals who are either descended from Survivor Class Members or who were legally or traditionally adopted by a Survivor Class Member or their spouse.
A list of schools covered by the proposed settlement is available on the settlement website.
The Class Period is from Jan. 1, 1920, to Dec. 31, 1997.
An estimated 12,000 to 20,000 day scholars survivors were alive as of May 30, 2005. If the Court approves the settlement, this group of people would be eligible to receive individual payments of $10,000, either directly or through their estates or heirs if the Class Member is deceased.
The proposed settlement also would create a $50 million Day Scholars Revitalization Fund, which would benefit the Survivor and the Descendant Classes.
This fund would be used to support these Class Members through “healing, wellness, education, language, culture, heritage, and commemoration,” according to the settlement website, and would be managed by a not-for-profit society independent of Canada.
The proposed settlement does not cover claims of student sexual or serious physical abuse at residential schools, nor is it related to federal day schools. Claims regarding federal day schools are part of a different class action settlement.
A Band Class claim is also continuing separately and is moving toward trial.
An approval hearing in the for the residential schools day scholars settlement is set to begin Sept. 7, 2021.
The claims period has not yet opened. Top Class Actions will let viewers know when a claim form becomes available.
Were you a day scholar at one of Canada’s residential schools? Did you experience cultural, linguistic, and psychological harm? Tell us about your experience in the comments below.
The plaintiffs are represented by Peter R. Grant of Peter Grant Law Corp.; John Kingman Phillips, W. Cory Wanless, and Tina Q. Yang of Waddell Phillips PC; and Diane Soroka of Diane Soroka Avocate Inc.
The Residential Schools Day Scholars Class Action Lawsuit is Chief Shane Gottfriedson, et al. v. Her Majesty the Queen in Right of Canada, Court File No. T-1542-12, in the Federal Court of Canada.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
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- Canadian Federal Government Denies Liability, Reparations for Cultural Damage to Aboriginal People Caused by Residential Schools
- Calls to Action After 215 Indigenous Children Found in Mass Grave At Former Residential School
