Indian Day Schools

Schools aimed to assimilate Indigenous children and abuse was widespread

WARNING: This story contains distressing details.

CBC News: A Federal Court judge has approved a $2.8-billion settlement agreement between the Canadian government and plaintiffs representing 325 First Nations whose members went to residential day schools.

Justice Ann Marie McDonald said in her ruling issued Thursday that the settlement is intended to help take steps to reverse the losses of language, culture and heritage through an Indigenous-led not-for-profit body. “This settlement is historic both in terms of the quantum of the settlement and its unique structure,” McDonald said.

“As Canada remarked, the $2.8-billion settlement is not intended to put a value on the losses suffered by the Band Class members, as that is an impossible task.”

• $2.8-billion settlement reached in class action lawsuit over residential schools

She called the agreement “transformational,” adding the settlement does not release the federal government from future lawsuits related to children who died or disappeared at residential schools. “I am satisfied that the settlement is fair, reasonable, and in the best interests of Band Class members. The Settlement Agreement is therefore approved,” McDonald said.

The agreement was announced in January to settle the legal action for plaintiffs representing 325 nations seeking to address the harms done to their members by the residential school program.

Communities to decide use of settlement funds

As part of the agreement, the First Nations plaintiffs agreed to “fully, finally and forever” release the Crown from claims that could conceivably arise from the collective harms residential schools inflicted on First Nations, as alleged in a previous court filing. This legal release would not cover or include any claims that may arise over children who died or disappeared while being forced to attend residential school, the agreement says.

The settlement now goes into an appeal period, after which the money will be transferred to a not-for-profit fund managed by a board of Indigenous leaders.

• Residential schools, day schools, day scholars: what you need to know

Affected Indigenous communities will each get to decide what to do with their settlement funds, based on the “four pillars” principles outlined in the agreement: the revival and protection of Indigenous language; the revival and protection of Indigenous culture; the protection and promotion of heritage; and the wellness of Indigenous communities and their members.

McDonald’s decision also said that the funds and their proceeds cannot be used to fund individuals or commercial ventures, be used as collateral to secure loans or as a guarantee.

Agreement ‘means everything’: plaintiff

The suit was launched more than a decade ago by former Tk’emlúps te Secwépemc chief Shane Gottfriedson and former shíshálh Nation chief Garry Feschuk to seek justice and reparations for day scholars abused while attending residential schools. Like residential schools, day schools aimed to assimilate Indigenous children while eradicating Indigenous languages and cultures and often had religious affiliations. There was also widespread abuse. 

• First Nations leaders voice support for $2.8B federal agreement to settle lawsuit on residential schools

Day scholars were children who attended residential schools during the day but were able to go home at night and were left out of the 2006 residential schools settlement. The suit initially consisted of the combined band reparations claim (known as the band class) and the residential school day scholars claim.

The Trudeau government reached an out-of-court settlement with day scholars in June 2021, agreeing to pay cash compensation to survivors and their descendants, settling part of the Gottfriedson case. But Canada initially refused to negotiate with the remaining band-reparations plaintiffs. Their case was heading for trial until it was abruptly adjourned to pursue negotiations last fall, with the agreement announced in January pending court approval.

In February, Gottfriedsson told a Federal Court judge in Vancouver that reaching the settlement with the federal government “means everything” to him. Gottfriedson said it was “about time Canada steps aside” and lets First Nations themselves decide how to mitigate the harms done by residential schools.

More details for how funds will be disbursed are expected in the months to come. Under the agreement, there will be an initial payment of $200,000 to all 325 First Nations, which will allow them all to create a 10-year plan for how they want to revitalize their language and culture.

A national Indian Residential School Crisis Line is available to provide support for survivors and those affected. People can access emotional and crisis referral services by calling the 24-hour service at 1-866-925-4419.

Mental health counselling and crisis support is also available 24 hours a day, seven days a week through the Hope for Wellness hotline at 1-855-242-3310 or by online chat

With files from CBC News

The Agreement-in-Principle includes individual compensation for harms suffered while attending an Indian Day School including cultural harm and physical and sexual abuse. In addition to the individual compensation, the Agreement-in-Principle includes $200 million in funding available to support healing, wellness, education, language, culture and commemoration. Specific details regarding individual compensation will be made available in early 2019. The Court still has to approve any terms of settlement (Gowling WLG)

In a true and honourable act of Truth and Reconciliation, we are calling on the Government of Canada to take the steps necessary to bring Class Council to the table to extend the deadline for the Federal Indian Day school Class Action Settlement and begin important discussions around addressing the additional barriers to equitable justice being experienced across Canada by Day School Survivors.

June 27, 2022: NationTalk – See also the attached from Chiefs of Ontario requesting support from First Nations leaders across Canada to participate in the Joint Letter, which calls for the Day Schools Settlement to be amended to address these significant concerns:

• the lack of in-person local supports
• the inability for a survivor to change compensation levels if they first applied for the wrong level due to a lack of a trauma informed approach.
• for the claims deadline to be extended by two years, allowing for the time lost due to COVID-19 and to give time for a more compassionate process.

The Federal Court has approved a nation-wide class action settlement to compensate survivors (approximately 200,000) for harms suffered while attending Federal Indian Day Schools and Federal Day Schools. The settlement includes compensation for eligible Survivor Class Members ranging from $10,000 to $200,000 based on the level of harm experienced as well as the creation of a Legacy Fund of $200 million to support commemoration projects, health and wellness projects, and language and culture initiatives

Deadline to submit a claim with an extension form is Jan. 13 at 11:59 PST

CBC News: Louise Mayo anticipates busy days ahead as the end of the week approaches, closing the extension period for claims to a national class action settlement for First Nations and Inuit children who suffered harm while attending federally-run Indian day schools.

Mayo, a project co-ordinator hired to assist claimants in the Kanien’kehá:ka community of Kahnawà:ke, south of Montreal, said she is worried some people may fall through the cracks by missing the deadline. “I’m getting a lot of phone calls today,” she said, noting that she assisted a handful of community members with their claims and narratives over the weekend.

While separate from the residential school system, federal Indian day schools and federal day schools were also part of a policy aimed at assimilating Indigenous children, and often had religious affiliations.

In 2019, Canada signed a $1.47-billion settlement with thousands of former students at the 600-plus schools that operated across Canada between 1863 and 2000. Compensation is on a tiered system for harms suffered, from level one to level five, ranging from $10,000 to $200,000. 

• What you need to know about filing an Indian day schools settlement claim
• Indian day school settlement claim deadline passes, despite calls for extension

The claims process opened in January 2020 and the deadline to submit a claim was July 13, 2022. However, claimants are able to apply for an extension until Jan. 13, 2023, at 11:59 PST.

According to Deloitte, the claims administrator, 178,161 claims have been filed as of Jan. 3, including 1,076 received during the extension period. Approximately 70 per cent of the claims have been paid, while 26,044 are currently being processed and 25,374 claims are missing information. A total of 2,700 were deemed ineligible for the settlement.

Class counsel said they’ve been busy assisting claimants as the deadline approaches and were unavailable to speak with CBC News. However, lead counsel Cam Cameron said in an emailed statement that survivors or estates who are waiting to receive supporting documents should not delay in submitting an extension request form and claim form.

Deloitte will treat missing supporting documents, such as estate documents, ID, or school records, as missing information and will follow up with claimants after the deadline, provided the extension request form and claim form were received by Jan. 13.

Calls for extended deadline

Last month, Six Nations of the Grand River in Ontario filed a motion to the courts, asking to extend the deadline to 2025.

The Federation of Sovereign Indigenous Nations (FSIN), which represents 74 First Nations in Saskatchewan, is calling for the removal of the deadline. In a statement issued Wednesday, FSIN Chief Bobby Cameron said the organization opposes the deadline and wants compensation to remain open for years to come.

“There are thousands of survivors who are still coming to terms with their past schooling experience and will miss out, for reasons that are not their fault,” said Cameron. “Physical, sexual and emotional abuse is something people may oppress and need time to process when making their application.”

The deadline also troubles Veronica Haddon, manager of the Indian Day School co-ordinators at the Indian Residential School Survivors Society (IRSSS) in B.C. “When we’re sitting with people who are sharing their narrative and we’re having to ask probing questions. it’s so sensitive,” she said.

“To rush a process that is so sensitive I think is unjust and emotional for survivors.”

Ongoing support

Staff at the IRSSS have also been busy fielding calls from survivors to meet Friday’s deadline. Day school co-ordinators and cultural support workers will be available virtually by Zoom on Friday until 8 p.m. PST.

“There’s a lot of big feelings with the pressure of finishing,” said Haddon. “There’s just so many different layers of hurt and disappointment and having to relive their trauma every time they’re looking for support or being told they’re not eligible for something.”

Haddon said staff receive calls daily from claimants wanting to appeal the decision made by the claims administrator regarding the level of harm suffered.

That’s something that concerns Mayo, too. Ten schools operated in Kahnawà:ke between 1920 and 1988, with an estimated roughly 5,000 eligible claimants. According to Mayo, a total of 4,552 survivors submitted claims, however, she has concerns that many who filed on their own didn’t receive the compensation they deserved.

“In Kahnawà:ke alone, there’s at least a thousand people that should have never signed a level one. They should have waited and then met with somebody and had somebody help them write their narrative,” she said.

“I knew that was happening around town with larger family members saying ‘Just sign it. You’ll get $10,000 quicker than if you wait a year.'”

Mayo said her mandate is to take time with communities to create a safe environment in order to provide a complete narrative.

“Sometimes it takes two or three or four visits before I can get all the information out of them in a very safe way,” she said.

“It’s so critical to support the client to make sure they feel safe to share their story …. In many cases, a lot of these individuals who come to see me have never told their parents, their siblings, their wife, boyfriend, husband that they’ve been sexually abused.”

Support is available for anyone affected by their experience at federal Indian day schools or federal day schools, and those who are triggered by these reports. Individuals can access immediate mental health counselling and crisis intervention services at the Hope for Wellness helpline by calling 1-855-242-3310 or online at www.hopeforwellness.ca.

ABOUT THE AUTHOR

Ka’nhehsí:io Deer

Journalist

Ka’nhehsí:io Deer is a Kanien’kehá:ka journalist from Kahnawà:ke, Que. She is currently a reporter with CBC Indigenous covering communities across Quebec.

Indigenous chiefs and Ottawa announced the agreement in January

CBC News: Canadian Press – First Nations leaders are voicing their formal support in Federal Court for a $2.8-billion settlement agreement to a class-action residential schools lawsuit.

Former Tk’emlúps te Secwépemc chief Shane Gottfriedson told the Federal Court judge in Vancouver that reaching the settlement with the federal government “means everything” to him. Gottfriedson said it was “about time Canada steps aside” and lets First Nations themselves decide how to mitigate the harms done by residential schools.

He and former shíshálh Nation chief Garry Feschuk launched the lawsuit more than a decade ago to seek justice and reparations for day scholars abused while attending residential schools. Day scholars are survivors who were forced to attend the institutions during the day but went home at night and were left out of the 2006 residential schools settlement.

• Trial put on hold in residential school reparations class action after parties agree to negotiate

$2.8B federal agreement reached January

First Nations leaders and the federal government announced the $2.8-billion agreement in January to settle the legal action for plaintiffs representing 325 nations seeking to address the harms done to their members by the residential school program. As part of the agreement, the First Nations plaintiffs agreed to “fully, finally and forever” release the Crown from claims that could conceivably arise from the collective harms residential schools inflicted on First Nations, as alleged in a previous court filing.

• Proposed settlement reached in residential school reparations class action

This legal release would not cover or include any claims that may arise over children who died or disappeared while being forced to attend residential school, the agreement says.

• $2.8-billion settlement reached in class action lawsuit over residential schools

The settlement is expected to be approved after the hearing’s conclusion this week, followed by an appeal period before the money is transferred to a not-for-profit trust managed by Indigenous leaders.

More details of how funds will be disbursed are expected in the months to come. Under the agreement, there will be an initial payment of $200,000 to all 325 First Nations, which will allow them all to create a 10-year plan for how they want to revitalize their language and culture.

• BEYOND KAMLOOPS Tk’emlúps te Secwépemc pause to grieve children in unmarked graves at former residential school

With files from CBC News

Nunatsiaq News: The deadline to file a claim under the Federal Indian Day School Class Action lawsuit is Wednesday, but some people might be eligible to file late.

So far, approximately 150,000 people have filed claims related to their experiences at residential day schools, according to Gowling WLG, the law firm behind the class-action lawsuit.

Gowling has set up a website for claimants, which includes a list of nearly 700 schools that fall under the claim. Among them are 27 that operated in communities that are now part of Nunavut, and 11 that operated in what is formerly known as Arctic Quebec.

To be eligible for possible compensation, a person must have attended one of the federal Indian day schools or federal day schools identified in the settlement and have experienced harm.

An update from Gowling says the settlement agreement provides for a possible six-month extension, to Jan. 13, 2023. “Although we anticipate flexibility in processing an extension request form, class members will need to identify a reason as to why they have been unable to file a claim by the deadline,” states the update.

The extension request form will be available on the website for download. It can also be sent to potential participants by email through dayschools@gowlingwig.com or mailed by phoning 1-844-539-3815.

Free legal counsel is available during the extension period, and wellness and mental health support is available 24 hours a day by phoning 1-855-242-3310 or by online chat at HopeForWellness.ca.

Federal residential day schools operated across Canada from the 1800s until about 2000. Many Indigenous children were forced to attend.

In August 2019, the federal court approved a Canada-wide class action settlement to compensate for the harm suffered by Indigenous students who were forced to attend these schools. The total amount of the settlement, to be paid by the federal government, was $1.47 billion, including $1.27 billion to be paid to approved survivors, and $200 million to fund legacy projects.

Gowling notes on its website that use of the word “Indian” is “outdated, not inclusive, and even offensive.” However, it said, “The schools, and their name, reflect the dark reality of Canada’s history with Indigenous peoples.

“This settlement sheds important light on that history.”

Federal Indian Day Schools Community Support Program re-instituting community visits to facilitate claims submission process. 92,000 survivors, or 72 per cent of claimants, have received their settlements, including nearly 79,000 who were awarded $10,000 each, and more than 13,000 who received higher amounts

The individual claims process in the Gottfriedson Indian Residential Schools Day Scholars Class Action settlement is now open. The deadline to submit a claim is October 4, 2023.

Each Day Scholar who attended an Indian Residential School during the day only (but did not sleep there overnight) is eligible to apply for a $10,000 Day Scholar Compensation Payment. For a full list of Indian Residential Schools that had or might have had Day Scholars and are included in the settlement see:
http://www.justicefordayscholars.com/schools-lists/

The federal government says it’s come to a $2.8-billion agreement to settle a class-action lawsuit brought by members of a British Columbia Indigenous band who attended residential schools as day scholars.

Toronto Star: VANCOUVER – The federal government has come to a $2.8-billion agreement to settle a class-action lawsuit brought by two British Columbia first nations related to the collective harms caused by residential schools.

At a Saturday morning news conference in Vancouver, Crown-Indigenous Affairs Minister Marc Miller said the government signed the deal with plaintiffs representing 325 nations that opted into the Gottfriedson Band suit. “While settlements that are being announced like these today do not erase or make up for the past … what it can do is help address the collective harm caused by Canada’s past — a deeply colonial one — in the loss of language, the loss of culture and the loss of heritage,” said Miller.

The lawsuit originally involved three classes of complainants, but in 2021 all parties agreed to concentrate initial settlement efforts on survivors and their descendants to ensure they’d receive compensation during their lifetimes. Saturday’s announcement marked the settlement for the band class of plaintiffs, which Miller called “unfinished business” from the 2021 settlement.

Miller said the settlement will be guided by four pillars:

• the revival and protection of Indigenous language;
• the revival and protection of Indigenous culture;
• the protection and promotion of heritage and
• the wellness of Indigenous communities and their members.

It marks the first time Canada is compensating bands and communities as a collective for harms related to residential schools, he said. “Reconciliation isn’t free. This is a lot of money,” Miller said. “Is it enough? I think only time will tell, but we know there’s a heck of a lot more to do.”

Miller said the $2.8 billion for members of the band class will be put in an independent, not-for-profit trust, adding more terms of the settlement will be released in the next month. 

Former shíshálh chief Garry Feschuk and former Tk’emlúps te Secwepemc chief Shane Gottfriedson launched the suit more than a decade ago seeking justice for day scholars who were abused while attending the schools but who were ineligible for the 2006 settlement for full-time students. 

“Today we are representing 325 Indigenous nations across Canada and have developed a settlement plan to allow for the nations to work towards the four pillars,” said Gottfriedson. “This settlement allows our Indigenous nations to control this process … we will manage and distribute the funds, we will provide it to all 325 nations in a fair and objective manner.”

Individual nations will decide which of the four pillars to focus on and will develop ten-year implementation plans.

“This has never been done,” Peter Grant, class council for the nations, said at the news conference. “This is where the government is saying, ‘you take care and you’re in charge of how you wish to start to repair the damage.’”

Grant explained that, after the first decade, another ten-year plan will be developed with the intention of ensuring all funds are dispersed after 20 years. 

A settlement approval will take place between Feb. 27 and March 1 before a federal court, followed by an appeal period before the funds are transferred to the trust.

This report by The Canadian Press was first published Jan. 21, 2023.

— With files from Tyler Griffin in Toronto

Announcement that parties have reached a proposed settlement agreement recognizing the harms suffered by former students of Indian Day Schools. The proposed settlement agreement includes $10,000 in individual compensation for thousands of Indigenous people who suffered harm while attending federally operated Indian Day Schools. Those who experienced physical and sexual abuse are eligible for additional compensation, with amounts ranging from $50,000 to $200,000 based on the severity of the abuses suffered.

The proposed settlement agreement also provides an investment of $200 million to the McLean Day School Settlement Corporation for Legacy Projects that support healing, wellness, education, language, culture and commemoration for class members and their communities.

 The McLean Day Schools Settlement Corporation is beginning consultations on how to roll out a $200-million fund earmarked for initiatives that support Indian Day School survivors and their families.

Crown-Indigenous Relations and Northern Affairs Canada:

Taking care: We recognize this news release may contain information that is difficult for many and that our efforts to honour Survivors and families may act as an unwelcome reminder for those who have suffered hardships through generations of government policies that were harmful to Indigenous Peoples.

The National Residential School Crisis Line offers emotional support and crisis referral services for residential school Survivors and their families. Call the toll-free crisis line at 1-866-925-4419. This service is available 24 hours a day, 7 days a week.

The Hope for Wellness Help Line also offers support to all Indigenous Peoples. Counsellors are available by phone or online chat. This service is available in English and French, and, upon request, in Cree, Ojibway, and Inuktitut. Call the toll-free Help Line at 1-855-242-3310 or connect to the online chat at www.hopeforwellness.ca.

January 21, 2023 — Vancouver, BC  — Crown–Indigenous Relations and Northern Affairs Canada

Today, Band class representatives former Chief Shane Gottfriedson and former Chief Garry Feschuk, along with the Honourable Marc Miller, Minister of Crown-Indigenous Relations, announced that Canada has signed an agreement with the Representative Plaintiffs who represent the 325 bands that have opted into the Band class litigation.

In this settlement, Canada will provide $2.8 billion to be placed in a not-for-profit trust, independent of the Government. Canada is committed to addressing the collective harm caused by the residential schools system and the loss of language, culture, and heritage – through this settlement  guided by the Four Pillars developed by the Representative Plaintiffs. The Four Pillars include the revival and protection of Indigenous languages, the revival and protection of Indigenous cultures, the protection and promotion of heritage, and wellness for Indigenous communities and their members. This resolution aims to revitalize Indigenous education, culture, and language – to support Survivors in healing and reconnecting with their heritage.

The funding disbursement plan, developed by the plaintiffs, outlines an initial amount of $200,000 for each band class member to support the development of a funding proposal that reflects the objectives and purposes of the Four Pillars. These proposals will be reviewed and used to support the disbursement of the Initial Kick-Start Funds, totaling $325 million. Each Band class member will receive a share of annual investment income that is available.

Further information on the terms of the settlement will be publicly available over the next month as part of the broader notice plan. The parties are expected to appear before the Federal Court on February 27, 2023, to seek approval of the terms of the settlement. The Court will consider whether the settlement is fair, reasonable and in the best interest of the class members.

Addressing historical wrongs and the painful legacy still suffered by Survivors, their families and communities is at the heart of reconciliation, and is essential to renewing and building relationships with Indigenous Peoples.

Quotes

“Our Nations started this lawsuit because we saw the devastating impacts that residential schools had on our Nations as a whole. The residential school system decimated our languages, profoundly damaged our cultures, and left a legacy of social harms. The effects go beyond my generation. It will take many generations for us to heal. This settlement is about taking steps towards undoing the damage that was done to our Nations.”

Shane Gottfriedson
Representative Plaintiff and Former Chief of Tk’emlúps te Secwépemc

“It has taken Canada far too long to own up to its history, own up to the genocide it committed and recognize the collective harm caused to our Nations by Residential Schools. It is time that Canada not only recognize this harm, but help undo it by walking with us. This settlement is a good first step.”

Garry Feschuk
Representative Plaintiff and Former Chief of shíshálh

“As a result of residential schools, within a few generations, sháshíshálhem went from being the first language of nearly everyone in our Nation to being on the verge of disappearing forever. We lost our last fluent speakers over the past few years. Much of this harm cannot be undone. With today’s announcement, First Nations will be able to continue restoring and revitalizing some of what was lost.”

hiwus Warren Paull
shíshálh Nation

“Canada spent over 100 years trying to destroy our languages and cultures through Residential Schools. Canada did not succeed, but it did cause profound damage. It is going to take incredible efforts by our Nations to restore our languages and culture – this settlement gives Nations the resources and tools needed to make a good start.”

Kúkpi7 Rosanne Casimir
Tk’emlúps te Secwépemc

“The Grand Council of the Crees is proud to have stood with Tk’emlúps te Secwépemc and shíshálh Nation in this historic struggle for recognition of the harms done to our Nations as a result of Residential Schools. My hope is that this settlement will help this generation and future generations reclaim our cultures and languages.”

Dr. Matthew Coon Come
Former Grand Chief of, and representative for, the Grand Council of the Crees (Eeyou Istchee)

“We believe that all Survivors deserve justice and the compensation to which they are owed. As we finalize this settlement, we are reminded of the importance of collaborative dialogue and partnership in resolving historic grievances outside of the court system. Together, we have developed a settlement that will support the Band class members in their healing journeys for generations to come.”

The Honourable Marc Miller
Minister of Crown–Indigenous Relations

Related products

• Backgrounder
• Canada and Gottfriedson plaintiffs reach agreement to resolve Band class litigation outside the court – Canada.ca
• Federal Court of Canada approved the Gottfriedson settlement agreement for former Day Scholars at Indian Residential Schools 

Contacts

For more information, media may contact:

Aïssatou Diop
Press Secretary and Communications Advisor
Office of the Honourable Marc Miller
Minister of Crown–Indigenous Relations
aissatou.diop@rcaanc-cirnac.gc.ca

CIRNAC Media Relations:
Email: RCAANC.Media.CIRNAC@sac-isc.gc.ca
Phone: 819-934-2302

Feathers of Hope – “The Government of Canada announced a range for the settlement for Indigenous Day School survivors on March 12, 2019. The lack of detail on the process, clarity on the individual adjudication process and the principle of access to legal counsel is sorely missing.  We are calling on the Minister of Indigenous Crown Relations, Carolyn Bennett, to provide clarity on these issues as soon as possible,” said, Joan Jack, on behalf of a number of class action members.  

May Crown-Indigenous Relations and Norther Affairs Canada – this settlement process has been streamlined so that class members should not require counsel to complete their claim. If assistance is needed, survivors will be able to seek advice from the administrator, Deloitte, or class counsel, Gowling LLP, without charge.

The claims process is paper-based and does not require survivors to testify. It is intended to minimize the burden on survivors in pursuing their claims and to attempt to avoid re-traumatization through a hearing process. Based on concerns and objections raised by some class members, the parties have made the following modifications to the agreement:

Crown-Indigenous Relations – A settlement has been reached with Survivor and Descendant Class Members in the Gottfriedson Indian Residential Schools Day Scholar class action. The settlement agreement combines individual compensation for harms experienced in attending an Indian Residential School as a Day Scholar with forward-looking investments to support healing, wellness, education, language, culture, heritage and commemoration for Survivors and Descendants.

Garry McLean started a legal action regarding the forced attendance of Aboriginal students at Indian Day Schools across Canada. This proposed national Class Action is the first of its kind and seeks compensation for the damages and abuses suffered by all Indian Day School students who were forced to attend Indian Day Schools and were excluded from the Indian Residential Schools Settlement Agreement.

Potential number of students = 200,000