Summary of Federal Indian Day Schools Settlement Hearing

The hearing regarding the approval of the Federal Indian Day School Class Action (FIDSCA) took place in Winnipeg, Manitoba from May 13th, 2019 to May 15th, 2019. The federal judge Justice Phelan heard from the counsel of the plaintiffs Gowling WLG, the counsel for Canada, as well as submissions from supporters and objectors.

The first day of the hearing, counsel from both sides presented amendments to the settlement agreement to the judge to be included in the court record. The proposed amendments are:

Opt-out from the settlement period extended from 60 days to 90 days;

Application for compensation extended from one year to two years, six months;

Non-lawyer form-fillers are prohibited from taking payment from the student’s compensation.

Statements of support were read; with people from across the Nation travelling to Winnipeg to give their statements. Some chose to share remotely from other courthouses. The statements reflected on how the late Garry McLean, the original plaintiff for this case, had worked tirelessly until his passing to get justice for his fellow class members.

The statements of objections were heard from over 28 objectors made up of lawyers and individuals speaking in person or remotely.

Issues included:

• Claims process is limiting the claimants to Level 1 compensation, if they are unable to necessary documents.

• The accessibility of the claim forms and whether they will be available in multiple languages.

• The settlement is less than the Indian Residential School settlement (IRS).

• The process is different than the IRS and the Sixties Scoop Settlement.

$200,000 maximum compensation is not enough and $10,000 level one compensation is not enough.

Gowling WLG understands that there are many concerns with how things will be handled, but is prepared to take this on for as long as needed and will remain culturally sensitive throughout the process.

All compensation forms, settlement agreements, website, and call centers will be in both French and English to be accessible to the class members. While they will rely on technology to assist in the process and the intentions of the settlement will remain the same.

Counsel for Canada gave few responses to the objections and made it clear, once the agreement is approved and signed, the school list will be closed. Canada also made it clear that those who opt-out do not extinguish their right and are not held back by the settlement and that this is an independent settlement that has its own set of merits and rules to follow.

It is estimated that the decision on the FIDSCA will be announced in late June. Former students are still encouraged to register to be added to the list in order to receive more information by visiting the website http://www.indiandayschools.com or visit the McLean Class Action on Indian Day Schools on Facebook to get the latest updates and ask questions.

Community members can also contact the Aboriginal Rights and Research Office at 613-575-2348 ext. 2206 to ask questions and drop off or fill out a registration form to the office at 33 Third Street in Kana:takon.