Indian residential schools day scholars class action settlement

Updates:

• Those who attended a Federal Indian Residential School during the day but did not stay overnight have the opportunity for a four-month extension on the deadline to submit a claim for the $10,000 individual compensation.
• To receive an extension, class members must complete an extension request form and give the reason they have not been able to submit a claim by the Oct. 4, 2023, deadline.
• This request must be submitted along with the claim form no later than 11:59 p.m. PST on Jan. 4, 2024.

• The Court approved this settlement Sept. 24, 2021.

Former day scholars who attended Indian residential schools in Canada may be able to collect up to $10,000 from a 2022 class action lawsuit settlement.

The settlement benefits day scholars who attended an Indian residential school in Canada during the day but returned home at night. A list of schools which could have had day scholars is available on the settlement website. 

If a day scholar would have qualified for the settlement but passed away after May 20, 2004, their estate or living heir could make a claim with the settlement. As of May 2005, there were between 12,000 and 20,000 living day scholars, according to settlement documents.

The settlement does not resolve claims brought by First Nations bands. Residents of Federation Day Schools are covered by a separate settlement. Survivors who suffered from sexual abuse or serious physical abuse had the opportunity to seek compensation for this abuse through the Independent Assessment Process of the Indian Residential Schools Settlement Agreement.

Residential schools were federally sponsored systems that aimed to assimilate indigenous Canadians by dismantling their culture and language. According to the Truth and Reconciliation Commission of Canada (TRC), this was accomplished through over 150 years of “cultural genocide.” 

Although Canada’s last residential school closed in the 1990s, survivors of these schools live to tell the tale of the horrific conditions and abuse suffered by indigenous children. The memory of residential schools also lives on through ongoing news stories such as the 2021 discoveries of hundreds of unmarked graves at former federal residential schools.

The 2006 Indian Residential School Settlement Agreement and 2019 Federal Indian Day Schools Settlement Agreement provided some compensation for residential school survivors, but other day scholars were left out by these agreements. This prompted a class action lawsuit against the Canadian government which sought compensation previously denied in other settlements.

A 14-year fight for recognition is now over with the 2022 residential school day scholars class action lawsuit settlement. 

“The road to healing is long, and this is just one step along the way, but it is an important one. I am so glad that Day Scholars no longer have to wait to apply for compensation,” Charlotte Gilbert — a day scholar, class action plaintiff, and member of the Tk’emlúps te Secwe̓pemc — said in a press release. 

“Day Scholars also suffered at the Residential Schools and we are glad to finally see this recognition 14 years after the Residential School Settlement.”

Under the terms of the 2022 residential school settlement, day scholar survivors of residential schools can recover a cash payment of $10,000. This cash payment is also available to the estate or family of day scholars who died after May 30, 2005. 

In addition to providing cash payments to day school survivors, the settlement establishes a $50 million Day Scholars Revitalization Fund. According to the settlement website, this fund aims to “support healing, wellness, education, language, culture, heritage, and commemoration” for day school survivors and their descendants.  Survivors and descendants can apply for grants from this fund which will be administered by an independent nonprofit. 

The deadline for exclusion from the settlement was Nov. 23, 2015. 

The residential school day scholars lawsuit settlement started accepting claims Jan. 4, 2022. Eligible Class Members have until Oct. 4, 2023, to submit a claim, but may have to provide documentation, depending on the school they attended.

Who’s Eligible

The settlement benefits day scholars who attended an Indian residential school in Canada during the day but returned home at night. A list of schools which could have had day scholars is available on the settlement website.

Potential Award

$10,000

Proof of Purchase

No proof of purchase applicable.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/04/2023

Case Name

Gottfriedson, et al. v. Her Majesty the Queen in Right of Canada, Court File No. T-1542-12 in the Federal Court of Canada

Final Hearing

09/24/2021

Settlement Website

Indian Residential Schools Day Scholars Class Action Settlement

Claims Administrator

Deloitte
dayscholarsclaims@deloitte.ca
877-877-5786

Class Counsel

Peter R. Grant
PETER R. GRANT LAW CORP.

John K. Phillips
WADDELL PHILLIPS PROFESSIONAL CORP.

Diane H. Soroka
DIANE SOROKA AVOCATE INC.

Defense Counsel

Annie Boudreau
Chief Finances, Results and Delivery Officer
Crown-Indigenous Relations and Northern Affairs Canada