Indian Day School class action settlement deadline passes with no calls for extension

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Update: 

• The deadline has passed for survivors of federal Indian day schools and federal day schools to apply for compensation under a $1.47 billion government settlement in a process advocates of those harmed at the schools say has been deeply flawed.
• Under the 2019 settlement deal, which compensates thousands of former students at the 600-plus Indian schools that operated across Canada between 1863 and 2000, victims had to file applications for compensation by July 13, though individuals can ask to be considered for an extension through Jan. 13, CBC reports.
• On July 13, the Matawa Chiefs Council, which represents nine First Nations in Ontario, said in a statement that it was deeply concerned there will be potential class members from its communities who will not have been able to meet the deadline.
• The Assembly of Manitoba Chiefs added that an extension for applications should have been put in place to reduce stress for Indian Day School survivors.

Indian Day School Class Action Lawsuit Settlement Overview: 

• Who: Representatives of those who suffered harm at federally run Indian day schools question the way the compensation process is being handled after the federal government signed a $1.47 billion settlement with victims.
• Why: With less than a month left for victims to apply for compensation, advocates say the process does not compensate victims adequately.
• Where: The settlement affects thousands of former students at the 600-plus Indian schools that operated across Canada between 1863 and 2000. 

(May 31, 2022)

Advocates of those harmed at federally run Indian day schools say the process for compensation under a $1.47 billion government settlement with victims is flawed.

Under the 2019 settlement deal, which compensates thousands of former students at the 600-plus Indian schools that operated across Canada between 1863 and 2000, victims must file applications for compensation by July 13. 

However, representatives of those who suffered harm while attending the schools say survivors are not getting the level of compensation they deserve due to the application process, CBC reports.

To receive a higher level of compensation, survivors need to write a statement disclosing details of the abuse they suffered. There are five levels of compensation, and victims must submit a statement of abuse for levels two to five of compensation. 

Compensation is based on a tiered system for harms suffered, ranging from level one ($10,000) to level five ($200,000). 

However, survivors and their advocates say that writing statements detailing the abuse is difficult. 

“It’s the kind of thing that you don’t want to relive again,” Francis Williams, a member of the Gitanyow Band in British Columbia, told CBC. He spoke about his experience attending the Anglican Church-run Kitwancool Indian Day School from kindergarten to Grade 7. 

Williams says school officials repeatedly punished him for speaking the Gitxsan language, leaving lifelong health problems. 

“I have permanent nerve damage in my back because of the strapping from cringing all the time,” he says in the article.

Indian and federal day schools were part of a federal policy aimed at assimilating Indigenous children and often had religious affiliations to the Roman Catholic, United, Anglican and other churches.

Under the settlement agreement, repeated incidents of physical abuse causing permanent or long-term injury fall under a level four claim. 

However, Williams tells CBC she only filed for level one because he didn’t have guidance or counseling at the time and is now unable to resubmit his claim.

Most Indian Day School Settlement Claims for Level 1 Harm

According to the settlement’s claims administrator, Deloitte, victims filed a total of 144,257 claims as of May 2, CBC reports. The majority — 107,220 — have been level one with around 85% of those claims paid out thus far.

Nicholas Racine, a lawyer with Bergerman Smith LLP Saskatoon, tells CBC he is hearing “on an almost daily basis” from survivors who resigned themselves to a level one claim because they didn’t know how to make an application for a higher amount. He said the majority of survivors he has met would qualify for a level 4 claim. 

In September, two motions were filed to the Federal Court of Canada to allow for ongoing progressive disclosure, a concept that survivors of abuse reveal more as they become more comfortable. The motions were dismissed and are being appealed.

What do you think of the way the claims are being handled? Let us know in the comments!

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