Anne Bucher  |  February 19, 2020

Category: Legal News

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school with the Canadian flag regarding the excluded day school survivors' class actionFederal Day School survivors are preparing a new class action lawsuit after they were excluded from the current class action settlement over allegations of abuse and other harm suffered by students attending Federal Indian Day Schools in Canada.

The Federal Indian Day School settlement and prior federal class action settlements do not include claims from students who attended more than 680 institutions, according to APTN News.

On Dec. 10, three members of a group called the Unvalidated School Society signed a retainer agreement with Cooper Regel, a law firm based in Alberta, to represent their group in the potential class action lawsuit. 

The members of this group reportedly attended schools that were not found to be controlled by the federal government, and therefore were not included in the recent Federal Indian Day School class action settlement. The schools they attended were run by bands, provinces, churches, or were private residences, or hospitals that taught students.

The survivors in the Unvalidated School Society class action allege that they, like students who attended schools that were deemed to be controlled by the federal government, also suffered serious abuse. Alleged abuses include mental, physical and sexual abuse.

“We want the government to recognize what was done to us and honour our requests to get recognition and justice,” the society’s president George Munroe said.

“We will not forgive the people who abused us.”

The Unvalidated School Society class action is seeking compensation and an apology from the federal government.

Cooper Regel is asking potential Class Members of the new Day School Survivors lawsuit to fill out a questionnaire on their website so that the law firm can gain more information about who should be included in the class action lawsuit.

The law firm says it is taking an approach that will be as inclusive as possible so that it does not exclude schools that operated in ways that caused significant harm to students.

“We are talking about almost and possibly over 700 institutions and probably every province and territory in Canada,” attorney Steve Cooper told APTN News. “It is very significant.”

It is also possible that the Cooper Regal will apply to have additional schools added to the current Federal Indian Day School settlement if they find that they should qualify under the definitions set forth in the agreement.

Those who qualify as Class Members of that settlement may be eligible for as much as $200,000 in compensation. The payment amount depends on the type and severity of harm the claimant suffered.

In addition, the Federal Indian Day School settlement will create a $200 million Legacy Fund to support the health, culture and language of Indiginous communities.

The deadline to file a claim for the current Federal Indian Day School class action settlement is July 13, 2022. You can find out if you qualify for this settlement here.

Are you a Federal Day School survivor who was excluded from the settlement? Tell us your story in the comments below.

The Unvalidated School Society is represented by Cooper Regel.

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38 thoughts onExcluded Day School Survivors May Soon File New Class Action Against Canada

  1. Evelyn Fisher says:

    I had to leave home age 14 to attend gr 9 at Frontier Collegiate Institute Cranberry Portage. Boys & Girls residents. I couldnt go home unless it was holiday. 1978-81.

  2. Janet (Apannah) Seeseewatum says:

    Is Upper Hay River Day School from 1971-1988 count ?

    1. Greg says:

      I would like to know also was adopted in hay River and went to local schools and took some insults and treated different than other children because I’m Dene

  3. Wilma Cardinal says:

    My mother as well as many others attended the day school in Fort Vermilion & it’s not recognized either. What can I do to assist her in making an application?

  4. Pearl Auger says:

    I work for the Indian Res School health support program. I have two schools in our area that are not recognized as Federally funded schools .

    I am sure that the students would sign up in the Class action that is currently being worked on by Cooper Regel.

  5. Helen Starr says:

    We went to a Day school in Trout Lake Alberta But it is not on the list and a lot of students went there. Arch Diochese Grouard-McLennan Archives say there was a Kateri Mission there
    I was going to apply but I was told That it was only for schools on that list. I wanted to apply as well

  6. Klyne Obey says:

    Day 147 after original application day, No decision yet. I applied for Level 1 by fax on January 14, 2020. They received it and entered it. Then I heard that they were ahead of schedule in the beginning of March, so I followed up. Deloitte told me that it is in processing and will have an answer in early Spring. No answer, and I stop because of the lock down. Come end of April, my claim still in review, call back next week. This went on until June 1, when I started to call daily. June 3, I asked to speak to a supervisor, told me next day. I received no call back. Asked again for a supervisor the next day, told me next week. Today is June 8, 2020 and I still have no answer and they still have not called me. I am seeking legal counsel because this is a negligence on Deloitte’s part and is causing myself, as well as others, some distress. I don’t know what to do anymore.

    1. Klyne Obey says:

      Indian Day School Class Action.

  7. Margaret says:

    Johnstown Consolidated School
    Primary to Grade 6
    most of the first nation kids were always strapped or hit by the Teachers or the principal there was also segregation that started in St Peters District High School and from there things only got worse if you was a first nation person those schools should also be a part of the law suit and wasn’t included because if it wasn’t for the first nations they wouldn’t have been able to build new schools let alone have the staff .Sadly there was so much racism and abuse at both schools and alot of time when it was reported noting was ever done about it

  8. Joe cooke says:

    Charles camsell hospital in Edmonton had a federal day school in both the old and new buildings.why was it not included in the list of federal day schools? Classes ranged from grade 1 to high school levels.i did correspondent courses there in 1967.my teachers were ernie camsell and mr. MCkenzie.1 other teacher was a mr shultz.please reply. Cell is 1 8676785565.thank you joe cook.

  9. Victor Nesninapaise says:

    My community of summerbeaver was one of the places excluded the school and teachers were provinced inserted

  10. Emily Isadore says:

    i attended a day school also not included. All the natives from my reserve went to this school and we were severely abused.

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