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Proposed Settlement
List of Schools
The proposed settlement includes all Residential Schools that might have had Day Scholars.
Provide Feedback to the Court
Day Scholar Survivors and Descendant Class Members have the right to tell the court what they think about the proposed settlement.
Band Class Information
The settlement does not affect the Band Class. The Band Class claims will continue to trial. Learn more.
Proposed Settlement
Canada and the Representative Plaintiffs have signed an agreement to settle the Survivor and Descendant Class claims in the Day Scholars Class Action (Gottfriedson v. Canada). The Band Class claims in the Class Action are continuing to trial.
Day Scholar Survivors and Descendant Class Members cannot submit claims and cannot receive compensation unless and until the settlement is approved by the Federal Court. The settlement will be approved if a judge determines that it is fair, reasonable and in the best interests of the Survivor and Descendant Classes. If approved, the settlement will ensure compensation for Day Scholars and their children in their lifetimes.
Information about the proposed settlement is available in multiple languages.
Settlement Approval Hearing has now concluded
The settlement approval hearing was heard on September 7 and 8 in Vancouver. The judge is now considering the written and oral submissions from lawyers from the Class and from Canada, as well as oral and written statements made by Class Members, and will decide whether to approve the settlement.
In making a decision, the test that the judge will apply is whether the settlement is fair, reasonable, and in the best interests of the Day Scholar Survivor Class and Descendant Class as a whole. The judge will consider the entire settlement agreement as a complete package, and is not able to pick and choose which parts of the settlement to approve. It may take the judge weeks or even months to make a decision.
Who is the Proposed Settlement For?
Day Scholars (Survivor Class Members) who attended a Residential School as a student during the day but did not sleep there overnight. To be eligible, you must have attended one of the schools on the “Schedule E” lists of Residential Schools that could have had Day Scholars.
For eligible Day Scholars who were alive as of May 30, 2005, but have died since then, a claim may be made on behalf of the estate.
Descendant Class Members are the children, by birth or adoption, of Day Scholars.
If you are a member of the Day Scholar Survivor Class or Descendant Class, it’s very important to learn as much as you can about the settlement because it does impact your rights.
Quick Facts
Here are a few important things to know about the proposed settlement agreement:
Eligible Day Scholar Survivor Class Members will receive a $10,000 Day Scholar Compensation Payment. All approved claimants will receive this payment in full, without any deductions.
$50 million will be used to create the Day Scholars Revitalization Fund, which will support healing, wellness, education, language, culture, heritage, and commemoration activities for the benefit of Day Scholar Survivor and Descendant Class Members.
This agreement “releases” Canada of its liability from all Day Scholar Survivor and Descendant Class Members’ claims. That means these individuals will not have the right to sue Canada for harms relating to their attendance (or parent’s attendance) at a Residential School as a Day Scholar in the future.
This is settlement is for…
- Loss of language and culture, and psychological harms that Day Scholars Survivors and Descendants endured as a result of their experiences in Residential Schools.
- Visit the School Lists page to see all the Residential Schools that had or could have had Day Scholars.
This settlement is NOT for…
- The sexual or serious physical abuse endured by students at Residential Schools. These claims were included in the Indian Residential Schools Settlement Agreement through the Independent Assessment Process. Day Scholars were eligible to make claims as part of this process.
- Band Class members. The Band Class claims will continue to trial.
- The harms experienced by those who attended Federal Indian Day Schools, which are different than Indian Residential Schools. There is a separate settlement agreement in place for Day School Survivors. You can learn more about that settlement at: IndianDaySchools.com
What Happens Next?
We are awaiting the decision of the Federal Court judge regarding the approval of the proposed settlement agreement. If the judge decides to approve the proposed settlement, then it will automatically apply to all Day Scholar Survivor and Descendant Class Members. If the judge does not approve the settlement, then it will not take effect. That means that the Survivor and Descendant Class claims will go forward to trial along with the Band Class claim.
What Should I Do Now?
If you are a member of the Day Scholar Survivor Class or Descendant Class, it’s very important to learn as much as you can about the proposed partial settlement agreement because it does impact your rights. Read the following important documents and FAQs that explain the key things that you need to know about the settlement agreement. Right now, you don’t have to do anything else.
You have the right to participate in the settlement approval process by telling the court what you think about the settlement agreement. This will help the judge to decide whether the settlement is fair, reasonable and in the best interests of the Survivors and Descendant Classes.
A three-page summary that explains what is in the proposed settlement and what is happening next.
A more in-depth summary that answers a number of questions you may have about the proposed settlement.
Day Scholars Survivor and Descendant Class Settlement Agreement:
Provide Feedback to the Court
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