On October 31st, Class Counsel received a court challenge to the Indian Day School settlement from David Schulze (Partner, Dionne Schulze, S.E.N.C.) on behalf of his client, a class member. Class Counsel is in the process of assessing the challenge.
What Does this Mean for Class Members
If not resolved in the next few weeks, this court challenge could delay the opening of the claims process for an unknown period of time. Until this matter is addressed, Class Members will not be able to apply for compensation.
What are the Next Steps
We recognize the frustration and concern that this update may cause Class Members. We want to assure you that Class Counsel is committed to pursuing all avenues to move the settlement forward as quickly as possible. We will keep you informed as matters progress. Please check the Federal Indian Day Schools website for updates.
The Federal Court approved a nation-wide class settlement to compensate Survivor Class Members from harms suffered while attending an Indian Day School that was run by the Federal Government. This Class Action will be handled by the Law Firm Gowling WLG. The compensation ranges from $10,000.00 to $200,000.00. There are five levels of compensation based on the level of harms an individual experienced. To be eligible for this compensation you must have attended at least one of the identified Indian Day Schools listed on Schedule K during the time it was operated and/or controlled by the Federal Government. The list of schools (Schedule K) is available on the Indian Day School website at www.indiandayschools.com.
INDIAN DAY SCHOOL CLASS ACTION:
A Survivor Class Member is an individual who attended an Indian Day School during the day and returned home after each day but did not reside/stay in a Residential School.
REGISTRATION FORM PROCESS:
If you are a Survivor Class Member and wish to get more information or join this Class Action you must complete a Registration Form. By completing this form, it does not guarantee that you will receive compensation it only allows you to be registered and to receive updated information by Gowling WLG Law Firm. There is no deadline to complete the Registration Form however, you are encouraged to register as soon as possible. You can complete the form online at www.indiandayschools.com. Please keep a copy for your records before submitting or sending it out.
For those who have completed and submitted the registration form there is nothing else for you to do until the claim forms are made available.
CLAIM FORMS FOR COMPENSATION:
There is no actual Claim Form to complete yet as this form is currently being developed and it will be available after the 90 Day Opt-Out period of November 18, 2019. Once the Claim Form is available there will be a 2.5-year period for individuals to complete the form and submit.
90 DAY OPT-OUT:
Survivor Class Members have the option of removing yourself from the settlement by completing an Opt-Out Form by no later than November 18, 2019. If you decide to Opt-Out you will not be entitled to a compensation, nor will you be able to re-apply for the Day School Class Action if you change you mind at a later time. However, you can bring your own action against Canada, but it will be at your own expense. The Opt-Out Form can be found at www.indiandayschools.com.
Contact & Register
Registering to be a part of the Class will help ensure that you get information about the settlement on a timely basis. There are various ways to register:
- Complete our online registration form
- Call our toll-free number 1 (844) 539-3815
- Email Vanessa Lessard at firstname.lastname@example.org
Note: Registering for the Class is not the same as making a claim for compensation. You will need to complete an additional form to apply for compensation that will become available on this website in the coming months.
- Notice of Settlement Approval (short form)
- Notice of Settlement Approval (long form)
- Schedule K: List of Federal Indian Day Schools (as of August 8, 2019)
- Consolidated Settlement Agreement
- Draft Claims Form – The Draft Claim Form is available for review. Claims for compensation will be accepted 120 days from August 19th, 2019, subject to appeals. Information about how to make a claim will become available in the coming weeks.
- Opt Out Form
- Federal Indian Day School Class Action website
- Frequently Asked Questions