A class-action lawsuit was filed seeking compensation for the physical, mental and sexual abuse inflicted on the students who attended Indian day schools operated and funded federally in Canada. Families of Class members who died on or after 31st July 2007 are eligible to claim compensation on behalf of the deceased. More details on this settlement have been collated below.
Eligibility For Making Claim: For being considered eligible to make a claim under the Indian Day School class action lawsuit settlement, you must have:
- Attended Federal Day School(s) and Federal Indian Day School(s) managed, funded, and controlled by Canada, and
- Suffered harm or abuse in the hands of officials, teaching staff, students, and other third parties at school.
People who have already received a settlement for the same or related incidents from Canada are not eligible to receive any further compensation under the Indian Day School settlement. You can take a look at the list of Federal Indian Day Schools covered under this class action settlement by clicking This PDF.
Proof Of Purchase: Class members have to provide their name, contact details, date of birth, and name of the day school(s) they went to alongside the years for which they attended the same. It is also required for the claimants to offer a description of physical or verbal abuse or harm suffered by them at school. If you have suffered significant levels of harm and wish to make claims, then you will have to submit proofs of attendance like class photographs, report cards, letters from principals or teachers, and similar records documenting your attendance. Therapy, nursing, dental and medical records might also be required according to the claim made. Claimants who cannot submit documents in favor of their enrollment into the institution need to provide a sworn declaration of attending the school. This declaration should be signed by the claimant and guarantor like a Community Leader, Commissioner of Oaths, Notary Public, Elected Official, or similar professional. Claimants are requested to follow all instructions properly while filing a claim and submit all the documents according to their specific situation.
Potential Claim Amount: The compensation amount varies from 10000 to 200000 dollars depending on the type of harm suffered by a class member while attending a Federal Day School or Federal Indian Day School. However, payments shall be made only for the most severe harms suffered by the eligible class members. The Indian Day School settlement also provides a $200 million Legacy Fund as it recognizes the harm inflicted on families and communities of the students suffering abuse at day schools. This Legacy Fund is going to support culture and language initiatives, commemoration projects, and health and wellness programs for various indigenous communities. Grants shall be given to organizations under the Legacy fund.
Case Summary: Plaintiff Garry McLean filed the Federal Indian Day Schools class-action lawsuit in 2009 which centered on the forced attendance of Aboriginal students at various Indian Day Schools around Canada. The lawsuit claimed compensation for the abuses suffered by students who were excluded from the 2006 Indian Residential Schools settlement agreement and were pressurized to attend the Indian Day Schools. Initially, a class action settlement was fixed at $1.27 billion by students who attended the Federal Indian day Schools. However, the final report issued by the Independent Assessment Process Oversight Committee indicates that more than $3 billion is going to be paid by the Canadian government to the claimants.
The final report published in 2021 indicated that children who were around three years of age were forced to part from their communities and families for being sent to the schools. This residential school system inflicted a profoundly negative impact on most children, their families, and cultures which lasted for a long time. The children who attended the Federal Day Schools and Federal Indian Day Schools are eligible to file a compensation claim. Class Members are entitled to a maximum claim of $275000 according to the degree of harm suffered by them.
The main plaintiff McLean died before the finalization of the class action settlement. He qualified as an Indian under the Indian Act and was a member of Lake Manitoba First Nation No. 271. McLean attended two Indian Day Schools wherein he witnessed and was also a victim of a variety of physical, psychological, and sexual abuse. The traditions, cultures, and languages of the students studying at Indian Day Schools were actively denigrated by the school administrators. The constant denigration and abuses hurled at Indian culture impacted McLean to a great extent.
It became mandatory for all the indigenous students spread across Canada to attend schools like the Federal Indian Day Schools post 1920 as indicated by the court documents. These schools were managed, funded, and controlled by Canada and subjected the students to verbal, sexual, and physical harm and abuse. Around 200000 students attended the Indian Day Schools starting from 1920 of which between 120000 to 140000 are still alive as noted by the court documents. The plaintiffs announced in March 2019 that a class action settlement has been reached with Canada as per which the survivors are entitled to compensation for the abuses received by them while attending the Federal Indian Day Schools.
This settlement was reached after a prolonged discussion of two years with thousands of survivors of Indian day Schools, Indigenous leaders, and community members spread around Canada. A federal court approved the settlement on 19th August 2019 and the last date for objecting to the settlement was 3rd May 2019. Class Members eligible to file a claim under this settlement include the survivors of federally-run day schools including Métis, Inuit, and First Nations attendees. However, this class action settlement agreement doesn’t indicate an admission of liability by Canada.
Over and above the compensation specified under the settlement, the Indian Day School settlement is going to offer benefits for promoting education, healing, commemoration, and reconciliation amongst survivors. The claims process has ended but the healing process for survivors is going to continue as per the final report by the Independent Assessment Process Oversight Committee. There is an ardent need to bring some changes in our society and address the growing needs of people.
The report indicated that the ongoing effects of residential schools resulted in high rates of unemployment, low levels of educational attainment, poverty, poor health, under-employment, and greater chances of suicides among the children of abuse survivors. This also indicates the disproportionate number of involvements of Indigenous people in the criminal justice system and Indigenous children in the custody of child welfare agencies. Edmund M., an abuse survivor at an Ontario residential school revealed to CBC News that he will keep pushing for indigenous rights along with others by spreading the word about his ordeals at school. Termination of the Independent Assessment Process doesn’t mean they are going to stop altogether.
Claim Form: https://indiandayschools.com/en/wp-content/uploads/indian-day-schools-claim-form-en.pdf
Settlement Website: www.IndianDaySchools.com
Deadline for Submitting Claim: 7/13/2022
Final Hearing Date: 8/19/2019
Settlement Pool: $3 million plus
Case Name: 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 Canada Federal Court
Claims Administrator
Indian Day Schools Class Action Claims Administrator
c/o Deloitte
P.O. Box 1775
Toronto, ON, Canada M5C 0A2
Phone: 1 (888) 221-2898
Fax: 416-366-1102
[email protected]
Class Counsel
Robert Winogron
Jeremy Bouchard
Mary M. Thomson
GOWLING WLG
[email protected]
1-844-539-3815
Defense Counsel
The Attorney General of Canada