Indian Day School Settlement Form Raises Concerns Among Survivors

An allegedly misleading settlement form is causing survivors of harm suffered at Federal Indian Day Schools in Canada to submit claims worth far less than they deserve, according to a former Fort Smith Métis Council president.

Ken Hudson says the forms for the $1.27 billion Indian Day School settlement, which provides five potential tiers of compensation based on the level of harm the claimant suffered, fail to explicitly state how much compensation is available for common types of abuse the students experienced, such as belt strappings.

Hudson says everyone he knows has been filling out the Indian Day School settlement form for the lowest amount of compensation because they are unaware that they can claim more. When one survivor files for the lowest level, others tend to follow suit, he says.

“It’s just rubbing salt in the wound,” he told CBC. “They harm you once, and then they harm you again because of the wording.”

The Federal Indian Day School settlement Claim Form allows eligible Class Members to claim $10,000 without providing documentation. The type of harm listed as Level 1 harm includes:

• Mocking, denigration or humiliation by reason of indigenous identity or culture;
• Threats of violence or intimidating statements;
• Sexual comments or provocations; or
• Unreasonable or disproportionate acts of discipline or punishment.

If the Class Member checks the box indicating they experienced Level 1 harm, they do not need to submit documentation in order to receive the $10,000 payment.

However, they may be entitled to payments ranging from $50,000 to $200,000 if they suffered more severe harm, as long as they submit extensive documentation to support their claim. This documentation may include proof of attendance at a Federal Indian Day School, a written narrative of their experiences, the names of the individuals who abused them, medical records that document injuries that occurred at the school, and family testimonials.

If the Class Members do not have the necessary documentation, they can submit a sworn declaration that all of the information submitted is true to the best of their knowledge. This sworn declaration must be witnessed and signed by a guarantor.

According to a CBC report, Jeannie Marie-Jewell has helped more than 300 Indian Day School survivors in Fort Smith apply for settlement benefits. She says many of them are daunted by the extensive documentation required for the higher levels of compensation and simply submit a claim for Level 1 compensation even if they may qualify for more.

After submitting a claim for Level 1 compensation, many survivors have reportedly reflected on their experiences and decide they would like to provide more information about the harm they suffered.

However, the Federal Indian Day School settlement administrator said last week that it would no longer accept revised claims.

“When they sit down and they think and they talk to others, they come to recognize that they didn’t claim properly and they want to claim properly,” Marie-Jewell said of the survivors. “The deadline is not until July 2022, why didn’t they leave it until at least a year? I just don’t understand.”

Lawyers representing the Class Members have said that the claims process intended for eligible survivors to submit their claim only once. The settlement administrator had made some exceptions for survivors who had not yet received a decision, but as of June 15, claimants are no longer allowed to revise their claims after they submit them.

“Class counsel are here to fully support claimants as they submit a claim,” Class Counsel said in a statement. “They are not alone in this process — we provide one-on-one support to review narratives, advise on level selection, and help fill out the claim form at no cost.”

Dorothy Dell of Kahnawake, Quebec, attended a Federal Indian Day School in the early 1960s. She has already submitted a Level 1 claim but wants to modify it to apply for a higher level of compensation. However, when she called the settlement administrator, she was told that the cheque had already been mailed and she could not modify her claim.

“It was a gut-wrenching cry, bringing back all the memories,” Dell said. “I rushed into it, but I don’t want to be reliving this stuff. I had put it way in the back of my head. All the money in the world isn’t going to make up for what happened.”

Dell is encouraging other Federal Indian Day School survivors to take their time before sending in the Claim Form.

“A model that asks people to just sit down by themselves and describe the abuse, sign it, and mail it, was not going to work well,” said Montreal lawyer David Schulze.

“Abuse victims have spent a lifetime trying not to think or talk about their abuse,” he said. “We saw this with #metoo. Why did we think it would be different for people who suffered this abuse as children in a context of racial and institutional discrimination?”

Have you tried to file a claim in this Indian Day School class action lawsuit settlement? What was the process like for you? Do you think Class Members should be able to revise claims after they’re submitted? Tell us your opinion in the comment section below! 

Class Members are represented by Robert Winogron, Jeremy Bouchard and Mary M. Thomson of Gowling WLG.

The Federal Indian Day School Class Action Lawsuit is Garry Leslie McLean, et al. v. Her Majesty the Queen in Right of Canada as represented by the Attorney General of Canada, Case No. T-2169-16, in Federal Court.

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