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. Lisa says:

    Catholic Schools are these included? 1970’s

    1. Deedrea Johnston says:

      Southport Christian school on Southampton Ontario was a federal government run school between Pentecostal church Ministers Saugeen Band Council of 1980s me and several other students of saugeen attended this school and we had experienced physical abuse level 5 being slapped and spanked by paddles yard sticks and more some adults in the community of Saugeen new of the school but never reported it or honored our school when the day school survivors claims were being started don’t leave us in the dark

  2. Kevin Bruce says:

    I attended Cranberry Portage in 1975, does this count as a day school. My home was Pine Dock Little Bullhead, Manitoba

  3. Mr/Wayne Jenkins says:

    Add me to the class action

  4. Harry Gesic says:

    What about school in the city .Was abused mentally and spiritually throughout all my school years as a child from kindergarten to grade eight?

  5. Alice says:

    I was put into an orphanage at the age of 4 in approx 1963 till i was 11 and half years old. A horror story that controlled my life and destroyed my soul.

  6. Joanne Lennie says:

    We were abused by teachers 1969 – 1980 but we are not included in federal day school because only up to 1969. After 1969 the Territorial Government took over so we need to do a class action too

  7. Clarence L Mason says:

    I went to teulon collegiate from 1975-77. I expressed my disappointment because I know of abuses that happened there. I’m sure there are many stories out there. I’m also was sent from my home community and family to attend school.

  8. Nadine McDougall says:

    I attended Teulon Residence and school from 1978-1982. The students tried to get their case seen in court but in the end our appeal wasnt heard. I dont think we were fully represented.

    1. Deedrea Johnston says:

      I attended Southport Christian School in Port Elgin Ontario that school was not listed in dilettantelist me and several friends experienced physical abuse verbal and serial abuse I tried asking our community leaders to appeal for me and my friends now in our 40s our principles and the pll who ran the school are still alive I’ve spoken to some friends who all remember those days n we’d like to apply for compensation as well can u help me get us started thanks Deedrea

  9. Lillian Arsenault says:

    I attended Teulon Collegiate in Teulon Manitobafrom 1963-1969. It was deemed not a residential school claiming the residences the students stayed in were not federally funded. I have documentation they were. Teulon was used as a spillover by Indian Affairs when Portage la prairie came full. I would like a conversation with someone in your department regarding I and 3 living and 1 deceased sibling that attended Teulon. Portage was grandfathered because it was one at one time. At the time I attended, Portage was a residence only as Teulon was. With me in Teulon were students who were former 8 year residential school students. Thank you for your attention to my request and pre thank you to someone I could have a conversation regarding this matter.

  10. Brett Fineday says:

    I missed the cut off date for my reserve by 1 year. But i still had to deal with them butchers they called dentists. I dont even think they were real dentists. How many of my classmates and I would get called out one by one and next thing you know we all had silver teeth.

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