Federal Court of Appeal Dismisses Motion re: Indian Day Schools Settlement

KAHNAWA:KE – The Mohawk Council of Kahnawà:ke would like to inform Indian Day School Settlement (IDS) claimants that the Federal Court of Appeal (“the Court”) dismissed the Waldron motion (Waldron v. Canada (Attorney General)) on January 5, 2024. This motion was brought to the Court seeking to allow IDS claimants the possibility of Progressive Disclosure - a concept that would allow Level 1 claimants to submit their narrative over time, as they feel ready, rather than in only a single claim submission.

“We are very disappointed with this judgment,” said Chief Iohahiio Delisle, lead oversight for the file as part of the Health Portfolio. “The IDS Claims Process was supposed to minimize the burden on, and mitigate the re-traumatization of survivors, yet this heartless ruling, along with the administration of the Process itself, truly highlights the lack of sincerity in the overall intent to reconcile with Indigenous people. Our survivors deserve better!”

Louise Mayo, IDS Settlement Project Coordinator added that “the decision to dismiss the motion, reaffirms the lack of understanding and compassion of not only the Federal Court of Appeal, but by the Federal Government.” The Court’s decision dismisses IDS survivors’ right to tell their stories of being harmed and abused and will lead to a misrepresentation of the final numbers of IDS survivors who faced higher levels of harm and abuse.

In summary, this decision will not allow IDS Survivors to resubmit additional information to support a higher-level IDS claim. Ms. Mayo will continue to follow any further appeal to this decision.

For further information and details, a link to the decision can be viewed online at:https://www.canlii.org/en/ca/fca/doc/2024/2024fca2/

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