Court Approves Canadian Day Scholar Abuse Class Action; Each Claimant to Receive $10,000

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Canadian Day Scholar Abuse Class Action Lawsuit Overview: 

• Who: Canadian day scholars at residential schools filed a class action lawsuit against the Canadian government. 
• Why: The plaintiffs allege the government of Canada perpetuated a violent and abusive school system in an attempt to assimilate Indigenous people into mainstream Canadian culture. 
• Where: The class action lawsuit was filed in Canadian Federal Court. 

Federal Court approved a class action settlement that would end a 2012 class action lawsuit filed by Tk’emlups te’ Secwepemc and shíshálh Nation in British Columbia alleging abuse of day scholars in residential schools.

Each claimant, or his or her descendant, will receive $10,000 as non-pecuniary general damages, according to the approval. The settlement includes more than 15,000 class members who attended residential schools as day scholars. In total, the claim period will be open for 24 months. There is no limit or cap on the number of payments that can be made.

Additionally, according to the settlement, Canada agrees to provide $50,000,000 to the Day Scholars Revitalization Fund to support healing, wellness, education, language, culture, heritage and commemoration activities for the survivor class members and descendant class members.

The plaintiffs claim between 1831 and extending into the 1990s, Canada’s residential school system split indigenous children from their families and communities, sending them to residential schools across the nation where they were physically and sexually abused, malnourished and prevented from speaking their language or practicing their religion.

“The court is satisfied that the settlement is fair and reasonable and in the best interests of the survivor and descendant class members and the settlement is therefore approved,” the order of approval states. 

Abused Day Scholars to Receive $10,000 Settlement

The government of Canada still denies any liability in perpetuating the residential school system. In a news conference held after the settlement proposal was announced, Crown-Indigenous Affairs Minister Carolyn Bennett reportedly acknowledged that the plaintiffs had wanted an official apology from the government and stated “while this is not part of a settlement agreement, we will be listening to their concerns as we work together on this request.” 

Are you a day scholar who may take part in this class action settlement? What do you think of the proposal? Tell us in the comment section below. 

Deloitte LLP is appointed as the claims administrator.

The Canadian Day Scholar Class Action Lawsuit is Gottfriedson, et al. v. Her Majesty the Queen in Right of Canada, Case No. 2021 FC 988, in the Federal Court.

Read About More Class Action Lawsuits & Class Action Settlements:

• Canada Proposes Settlement in Day Scholar Residential School Class Action Lawsuit
• Discrimination and Abuse: Aboriginal Rights in Canada
• Residential School Day Scholar Survivors Eligible for $10K Each in Settlement
• Order Compelling First Nations Buildings and Prevention Services Faces Appeal by Attorney General of Canada