Call to Action # 29: Actions and Commitments

Settlements for Parties Excluded from the IRSSA


December 6, 2018


Indian Day Schools

Agreement-in-Principle

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)


July 14, 2022


Fed. Govt.

Anishinabek Nation expresses disappointment in Indian Day School Class Action Settlement deadline

ANISHINABEK NATION HEAD OFFICE (July 14, 2022) – The Federal Indian Day School Class Action Settlement closed its application process on July 13, 2022. The Anishinabek Nation expresses disappointment in this decision and the lack of response regarding requests for amendments to both the settlement and claims processes.

Survivors, families, and leadership have been continuously requesting an extension of the deadline for months. In addition, there has been advocacy on many levels for improvements including necessary amendments to ease the process and implementation of procedural review.

Many applicants have had challenging experiences with the claims and application process regarding accessibility, communication and information errors at the administration level, lack of progressive disclosure, and claims being dropped to lower levels resulting in less compensation. While this is not an exhaustive list, many issues identified could have been resolved by implementing recommended amendments and addressing the concerns of Survivors and families.

“With the deadline now past, we acknowledge this as a failure of the Class Council and the Federal Government to address the concerns of the thousands of Survivors and their families during this settlement process. They not only deserved more time, but a more fair and transparent process overall, which would have alleviated some stress and trauma citizens have been experiencing,” states Anishinabek Nation Grand Council Chief Reg Niganobe.

Though the claims administrator has announced a six-month extension of the deadline, it was not in response to collective advocacy efforts.

“We find it unacceptable that this minimal effort puts the responsibility onto the Survivors and applicants to go through an extra layer of bureaucracy through this additional approval and waiting period that precedes the actual claims process,” states Grand Council Chief Niganobe. “Not only does this lengthen the waiting time for approval, it also creates unnecessary trauma and anxiety for Survivors and families who will now have to wait longer for their claim(s).”

The Anishinabek Nation will continue to support its member First Nations and citizens with the Reconsideration Forms, as well as its advocacy for justice for all Survivors, their families, and communities.

“This process has been an injustice to Survivors of Indian Day Schools. Many have not received the compensation that they are entitled to and were further traumatized by this poorly planned process,” states Lake Huron Regional Deputy Grand Council Chief Travis Boissoneau. “Our many calls for change have gone ignored and I now hope that Canada and the Class Council will take this opportunity to engage with Survivors and communities and work to prevent future injustices.”

The Anishinabek Nation calls on all occupants of this land to commit to learning about Indian Day Schools, and come together to support Survivors, their families, and communities to help strengthen the Nation.

Relevant Links

The Anishinabek Nation is a political advocate for 39 member First Nations across Ontario, representing approximately 65,000 citizens. The Anishinabek Nation is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

–    30     –

Laura Barrios
Interim Communications Coordinator
Anishinabek Nation
Phone: 1-705-498-1957
E-mail: laura.barrios@anishinabek.ca


August 19, 2019


Indian Day Schools

Approval of class-action lawsuit

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


June 30, 2021


Metis Nation

Call for a distinctions-based process Métis Residential School survivors

Les Femmes Michif Otipemisiwak / Women of the Métis Nation (LFMO)– the National Indigenous Women’s Organization representing Métis women across the Métis Nation Motherland, is calling on the Federal Government to commit to a distinctions-based process and supports for Métis Residential School survivors and their families to heal in this unprecedented time of grief and loss for Métis, Inuit, and First Nations people.(After the discovery of about 1,250 unmarked graves at the sites of former residential schools). LFMO also sees Canada Day as an opportunity for a call to action from the Government of Canada to address its historic wrongs, including the continued exclusion of Métis survivors.


August 2, 2021


Sixties Scoop

Call for federal inquiry into actions and policies of governments

CBC – Former Canadian senator Murray Sinclair and a group representing survivors of the Sixties Scoop are calling for a federal inquiry into the actions and policies of governments that led to thousands of Indigenous children being taken from their homes over four decades and placed with non-Indigenous families. The group wants a meeting with federal Crown-Indigenous Relations Minister Carolyn Bennett to discuss an inquiry, as well as a national apology and a settlement for Métis and non-status survivors who were excluded from a 2017 class-action settlement. Canada’s settlement agreement set aside $750 million to compensate First Nations and Inuit children who were removed from their homes and placed with non-Indigenous foster or adoptive parents between 1951 and 1991, and ended up losing their cultural identities.


December 8, 2020


Sixties Scoop

Call to reinstate the deadlines for the First Nations/Inuit Sixties Scoop settlement agreement

CTV News – A group dedicated to Sixties Scoop survivors is urging the government and representative law firms to reinstate the deadlines for the First Nations/Inuit Sixties Scoop settlement agreement. Katherine Legrange, director of the 60s Scoop Legacy of Canada, wrote a letter to the class counsel on behalf of the group’s board, saying that many survivors have been left frustrated and disappointed with the claims process. Representatives from the Government of Canada were also included as recipients of the letter.

Last December, Collectiva, the claims administrator, was granted a deadline extension to report the final number of eligible claims, but it was not given the new deadline. Then in April, amid the COVID-19 pandemic, the deadline was suspended.  Now, the 60s Scoop Legacy of Canada wants the deadline reinstated. many claimants have expressed the need to lift the hold and reinstate deadlines for those needing to submit additional information.”


June 2, 2020


Sixties Scoop

Court order approval for interim payments

The Federal Court of Canada approved an order allowing the Administrator of the Sixties Scoop Class Action (Collectiva) to issue interim payments of $21,000 to all Eligible Class Members. To date, over 12,500 individuals have been deemed eligible for individual payment as part of a national settlement between the Government of Canada and plaintiffs representing Sixties Scoop Survivors. A similar order to issue interim payments is being placed in front of the Ontario Superior Court, which also presides over the Settlement.

This announcement comes in the wake of delays to the claims process resulting from COVID-19. To protect public health, a number of provincial archives have closed.  These archives contain important information that the Administrator needs to verify some people’s claims.  Further, social distancing has created barriers for Applicants seeking information and support to back up claims that have been flagged by the Administrator as incomplete.


January 4, 2018


St. Anne's Residential School

Court rules government can reject use of police and court transcripts as evidence

Ontario Superior court ruled that the federal government could continue to reject the use of police and court transcripts as evidence in student-on-student compensation claims from survivors who attended St. Anne’s Indian Residential School.


November 5, 2020


St. Anne's Residential School

Court rules that fight over documents must be heard in Ontario and not in BC

APTN – Ontario Court of Appeal has ruled that the residential school fight over documents cannot be transferred to BC but must be heard by an Ontario Superior Court judge citing “access to justice considerations”. The Ontario government, siding with the survivors, argued Perell had overstepped his authority by ordering the B.C. move. The federal government argued the justice was entitled to make the ruling.


June 17, 2021


St. Anne's Residential School

Detailed timeline of St. Anne’s fight for justice

TVO – The survivors of St. Anne’s Residential School – operated by the Catholic Oblates of Mary Immaculate (who were also responsible for running the Kamloops school) and the Grey Sisters of the Cross – continue their fight with the federal government. On June 3, 2021 NDP leader Jagmeet Singh orders a motion calling for the government to end its litigation with survivors, including those of St. Anne’s. The vote on Singh’s motion is carried unanimously, 271 to zero. Liberal cabinet ministers — including Justice Minister David Lametti, Indigenous Services Canada Minister Marc Miller, and Bennett — and Trudeau abstain. The legally non-binding vote asks the government to create a progress report in 10 days and to sit down with the PKKA to find a resolution for the litigation. 

As of publication time, 5:40 p.m., on June 17, 2021 the federal government has not produced the progress report requested in the NDP motion.

For a detailed timeline of the St. Anne’s fight see the attached:

https://www.tvo.org/article/so-they-can-be-at-peace-st-annes-residential-school-survivors-still-fight-for-justice


January 14, 2014


St. Anne's Residential School

Federal government deliberately withheld records from Independent Assessment process

St. Anne’s survivors (about 1,000) have proved that the government filed false reports about child abuse at St. Anne’s. More than 12,000 documents had been in possession of the federal Department of Justice from St. Anne’s survivors about their sexual and severe abuse, but this information was surpressed by the federal government for the Independent Assessment (IAP) process


January 23, 2017


Metis Nation

Forgotten: The Métis Residential School Experience

Forgotten: The Métis Residential School Experience” is a new exhibit mounted at the United Way of Winnipeg putting a spotlight on the Métis experience of residential schools in Canada. The exhibit is a series of photographs documenting residential schools in Manitoba and historical markers throughout Métis history.


May 2, 2018


St. Anne's Residential School

Government of Canada agrees to negotiate a settlement

Carolyn Bennett on behalf of the Government of Canada, has agreed to enter into negotiations towards a meaningful resolution to the ongoing legal battle between survivors of St. Anne’s Residential School and the federal government.


December 1, 2016


St. Anne's Residential School

Government only disclosed records of abuse allegations under a court order

Federal Govt. is challenging. Records of a criminal investigation and prosecutions that took place as a result of abuse allegations were only disclosed under court orders in 2014. This secrecy and delay meant other survivors missed out on compensation granted under settlement of a class action related to the residential school system. More than 700 other former students, told the Ontario Provincial Police what been included in the Truth and Reconciliation happened to them but their testimony has not been included in the Truth and Reconciliation Commission archives held at the University of Manitoba.


December 14, 2017


St. Anne's Residential School

Government refuses to release former testimony

The government will not release the former testimony collected in the 1990s and has taken the position that all witnesses, must re-testify.


March 18, 2021


St. Anne's Residential School

Independent review of thousands of records

Toronto Star – The federal government has asked for an Independent Review of thousands of documents for St. Anne’s survivors claims


July 12, 2022


Fed. Govt., Indian Day Schools

Indian Day School deadline to file could be extended for federal lawsuit claimants

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.”


October 25, 2021


Indian Day Schools

Indian Day Schools

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


January 4, 2021


Indian Day Schools

Indian Day Schools

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/


January 4, 2022


Fed. Govt.

Individual Claims Process for Gottfriedson IRS Class Action now open

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/


November 24, 2017


Nfld and Labrador

Innu Nation refuses Prime Minister apology

The Innu Nation will not accept Prime Minister Justin Trudeau’s apology to the province’s residential school survivors. Innu Nation wrote it feels the apology will be too narrow, covering just residential schools. They argue Innu people have also suffered under other institutions, like Mount Cashel Orphanage, and the provincial child protection system which exists today.


March 11, 2019


Sixties Scoop

Launch of engagement sessions for Métis survivors

 Engagement sessions across the Métis Homeland hosted by Métis Nation Governing Members will be held over the next two months for Métis survivors of the ‘Sixties Scoop’. These engagement sessions will help inform the federal government and the Métis Nation in addressing the legacy of the 60s Scoop on the Métis and to reconcile its harmful effects. While the First Nations and Inuit have achieved reconciliation through civil action lawsuits against Canada, the Métis Nation is taking an unprecedented approach to reconciliation based on its nation-to-nation relationship with Canada. 


May 8, 2019


Metis Nation

MOU between Canada and Île-à-la-Crosse Boarding School survivors.

Métis Nation-Saskatchewan (MN-S) – welcomes the signing of a Memorandum of Understanding (MOU) between the Government of Canada and a steering committee representing Île-à-la-Crosse Boarding School survivors. Survivors and their families were left out of the compensation agreement negotiated in the 1990s and were never compensated for the loss of their culture, language and traditions, nor for the abuses endured while in school. The school operated from the 1880s to the mid-1970s before it was closed and became a treatment centre.


May 10, 2018


St. Anne's Residential School

Ontario court rules survivors have no rights to documents

Survivors have no right to documents they argued were crucial to compensating them for the horrific abuses they suffered, Ontario’s top court has ruled. However, in its decision this week, the Appeal Court agreed the claimant had no direct tie to the civil litigation materials and the government, therefore, was not obliged to turn them over.


November 20, 2017


Sixties Scoop

Pressure to include Métis survivors excluded from settlement

Pressure is mounting on the federal Liberals to compensate Métis people who were taken from their families in the Sixties Scoop, after they were excluded from an $800-million settlement last month. (Winnipeg Free Press)


March 12, 2019


Indian Day Schools

Proposed settlement agreement reached

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.


October 6, 2017


Sixties Scoop

Settlement “Agreement-in-Principle”

Federal Pan Canadian Settlements

The settlement ($800M) “Agreement-in-Principle includes “Indians” (per the Indian Act) and “Inuit” survivors (approximately 20,000) of the Sixties Scoop across Canada, including those who lived on and off reserve, and who were removed from their homes and lost their cultural identities between 1951 and 1991. Settles up to 19 separate lawsuits.


May 11, 2016


Nfld and Labrador

Settlement after being excluded from Indian Residential School Settlement Agreement

$50M settlement after 9 years of litigation after NL was excluded form initial Residential School Settlement Agreement. Students who lived in school residences for less than five years will be eligible for $15,000 in general compensation, while those who lived there five years or more will be eligible for $20,000.


August 19, 2021


Indian Day Schools

Settlement Agreement

 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.


May 2, 2019


Kivalliq Hall

Settlement Agreement reached

Former students who attended Kivalliq Hall from the period of June 12, 1985 to December 3I, 1997, who meet the criteria under the Indian Residential Schools Settlement Agreement (“IRSSA”), are eligible to apply for compensation in the form of a Common Experience Payment (“CEP”). Canada will start accepting application on May 1st 2019.


March 13, 2019


Indian Day Schools

Settlement range for Indian Day Schools survivors

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:


June 7, 2021


Indian Day Schools

Settlement reached with Survivor and Descendant Class Members

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.


November 1, 2021


Fed. Govt., Sixties Scoop

Sixties Scoop: Call for federal government to commission a national inquiry

Manitoba Keewatinowi Okimakanak (MKO), Southern Chiefs’ Organization (SCO), and the 60s Scoop Legacy of Canada – MKO, SCO and the 60s Scoop Legacy of Canada are calling on the federal government to commission a national inquiry into the Sixties Scoop and the removal of First Nations children from their communities. Recently, Chiefs of MKO and SCO unanimously passed resolutions in support of the 60s Scoop Legacy’s call for a national inquiry into the Sixties Scoop and for long-term funding support for Survivors.


October 25, 2021


Fed. Govt., St. Anne's Residential School

St. Anne’s IRS

Nishnawbe Aski Nation (NAN) – Deputy Grand Chief Anna Betty Achneepineskum today called on Prime Minister Justin Trudeau to end Canada’s relentless legal battles against Survivors of the notorious St. Anne’s Indian Residential School and meet with them in the spirt of reconciliation during a press conference in Ottawa: “The Survivors of St. Anne’s Residential School suffered inconceivable horrors as children, and it is unconscionable that the federal government is re-traumatizing them by dragging them through the courts in its relentless effort to deny them justice.


January, 2009


Indian Day Schools

Start of legal action against Indian Day Schools

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


March 13, 2018


Fed. Govt.

Student on student abuse

The government believes there are some instances where Indian Residential School survivors who suffered abuse at the hands of fellow students may not have received fair compensation. The Government will pursue negotiated settlements with survivors whose claims of student-on-student abuse were previously dismissed or under-compensated.


January 24, 2021


Nfld and Labrador

Supreme Court rejects the Archdiocese of St. John’s appeal

CBC – Supreme Court of Canada rejected the appeal from the Archdiocese of St. John’s ruling that “The Archdiocese of St. John’s is liable for the abuse at Mount Cashel Orphanage in the 1950s… The case has been snaking its way through the courts for 21 years. The church is now liable to pay the outstanding bills left behind by the Christian Brothers of Ireland when the organization went bankrupt from settling child abuse lawsuits in 2012.


December 28, 2020


Nfld and Labrador

Supreme Court to determine Catholic Church liability for Christian Brothers

CBC – Supreme Court will decide in January whether The Archdiocese of St. John’s is liable for physical and sexual abuse suffered by Indigenous claimants at the Mount Cashel Orphanage. The Archdiocese of St. John’s claims no ownership over the orphanage, and no affiliation with the brothers who worked there. A Supreme Court of Newfoundland and Labrador judge sided with the church in 2018, but three appellate judges in the province sided with the victims in July 2020, ruling the Catholic Church was liable for damages because of its close relationship with the Christian Brothers. Canada’s top court will soon decide whether to hear one last appeal or put the case to bed and leave the Catholic Church to pay for the sins of the brothers who ran the orphanage and school.


March 26, 2021


St. Anne's Residential School

Survivors of St. Anne’s IRS reject Ottawa’s independent review

 Nishnawbe Aski Nation – Survivors of St. Anne’s Residential school are rejecting Ottawa’s independent review announced on March 18, 2021 outright. Canada hasn’t consulted the survivors with any meaningful dialogue on this new process and without their duty to consult in good faith. “We reject Minister Bennett’s offer as it minimizes the rights of survivors and access to a fair and just review.” said Leo Ashamock, PKKA Board member.

On further evaluation of Canada’s offer of an independent review, we found that it focused only on a handful of St. Anne’s survivors. This would close the door on possibly hundreds of survivors impacted with the introduction of new information. It takes away from their right to choose through a new legal process.

“We are extremely disappointed with the underhanded legal tactics by the Government of Canada to deny the justice that these survivors so rightfully deserve. Prolonging this senseless legal battle with false promises of an independent review makes a mockery of this government’s commitment to reconciliation. I implore Minster Bennett to direct her officials do the right thing, ”said Grand Chief Alvin Fiddler, Nishnawbe Aski Nation.


June 2, 2015


Metis Nation

TRC Final report fails Métis residential school survivors

In its final report released today, the Truth and Reconciliation Commission fails to address the need for the government of Canada to deal with the survivors of Métis residential schools.

“Other than a few of the recommendations that include Métis in proposed actions, we are treated as an afterthought”, said Métis National Council President Clément Chartier.  “Little thought was given or advice provided to deal with the exclusion of Métis residential schools from federal settlements agreements.”