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About the Indian Residential Schools Day Scholars settlement
What is this class action about?
This class action called Gottfriedson v. Canada is about the claims of Day Scholars, students who attended Indian Residential Schools (“IRS”) during the day only and did not sleep there overnight. The lawsuit asserted that the purpose, operation, and management of IRSs destroyed the Class Members’ language and culture, violated their cultural and linguistic rights, and caused psychological harm.
The Class Action sought compensation for Survivors who say they were harmed as a result of their attendance at IRSs as Day Scholars. The class action also sought compensation for Descendants and Bands who say they too were harmed as a result of Survivors’ attendance as Day Scholars at IRSs and IRS policy.What is the settlement?
The settlement applies to the Day Scholar Survivor Class (students who attended Indian Residential School as Day Scholars), and the Descendant Class. The Band Class claim is continuing on to trial. The settlement includes a $10,000 individual compensation for each eligible Day Scholar who attended an IRS during the day only (but did not sleep there overnight) and was alive as of May 30, 2005. In cases where the Day Scholar died on or after May 30, 2005, their estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir, may be able to apply for compensation on their behalf.
The settlement also includes a $50 million Day Scholars Revitalization Fund to be used to support healing, wellness, education, language, culture, heritage, and commemoration for the benefit of the Survivor and Descendant Classes. The funds will be administered by a non-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
Day Scholars and their children will be able to apply for grants to access the money in Society. More information can be found in Schedule F.
The class action and settlement are not about sexual or serious physical abuse endured by students at IRSs. Day scholars were eligible to apply for compensation for sexual or serious physical abuse endured at IRSs through the Independent Assessment Process of the Indian Residential Schools Settlement Agreement (“IRSSA”). This class action and settlement are not about Federal Indian Day Schools. Claims regarding Federal Indian Day Schools are part of the Federal Indian Day Schools Class Action. You can find out more about the settlement in that class action at https://indiandayschools.com/en/.
How does this settlement impact the Band Class?
The settlement does not include the Band Class. Nothing in the settlement will affect the Band Class claim, which is moving forward to trial. To learn more about the Band Class process, visit the Band Class section of the website.
What’s happening with the Claims process right now?
The Administrator is currently reviewing and assessing claims. Class Members will receive a letter in the mail when an eligibility decision has been made about their Claim.
How many Day Scholars does this settlement affect?
Approximately 12,000-20,000 Day Scholars Survivors were alive as of May 30, 2005.
In addition, Descendants (natural or adopted children) of Day Scholars may be eligible to benefit from the Day Scholars Revitalization Fund, which greatly increases the overall number of individuals impacted by the settlement.
Eligibility
Why are there “eligible dates” for when people attended a Federal Indian Residential School under this settlement?
To be eligible for this settlement, you must have attended a Federal Indian Residential School during the day only the dates stated on the Schedule E list. These opening and closing or transfer dates (eligible dates) represent the periods when the school was operating as a Federal Indian Residential School, which is the focus of this settlement.
What criteria was used to determine which schools to be listed in Schedule E?
The schools listed in Schedule E are schools that were covered by the Indian Residential School Settlement Agreement (IRSSA) listed in Schedule A of the Federal Court certification order and that had or could have had Day Scholars.
It includes two Lists. List 1 is a list of Federal Indian Residential Schools confirmed to have Day Scholars (those who attended during the day but did not sleep overnight) in attendance. List 2 is a list of Federal Indian Residential Schools that have no confirmed Day Scholars but might have had Day Scholars in attendance.
If I didn’t attend a Federal Indian Residential school during the eligible dates what does this mean?
If you attended a school that is on the Federal Indian Residential Schools Schedule E list but after the closing or transfer date, you are not eligible for this settlement. However, the school may have been operating as a Federal Indian Day School, and you may be eligible for a different settlement, visit https://indiandayschools.com/en/ or https://www.classaction.deloitte.ca/en-CA/indian-day-school-claims-class-action/ to learn more.
What benefits are available to Descendants? When can Descendants apply for those benefits?
Descendants (i.e., the children of Day Scholars) are not eligible for direct compensation under the settlement. However, the settlement includes $50 million for a Day Scholars Revitalization Fund, established to support healing, wellness, education, language, culture, and commemoration activities for the benefit of the Day Scholar Survivor and Descendant Classes.
The funds will be administered by a non-profit society called the Day Scholars Revitalization Society that is independent of Canada and Class Counsel. Canada or Class Counsel are not involved in making decisions on who receives funding through the Day Scholars Revitalization Fund.
The process for applying for funding from the Day Scholars Revitalization Society has not yet been set. Day Scholar Survivors and Descendants will be able to apply for funding to support healing, wellness, education, language, culture, and commemoration activities.
If my school was not operated by the Federal Government, who is responsible?
Where an institution was not operated by the Federal Government, it could have been operated by provincial and territorial governments and/or religious institutions.
How is this settlement different from the Federal Indian Day Schools settlement?
This settlement is for Federal Indian Residential Schools Day Scholars from the Gottfriedson class action. This settlement provides compensation for Day Scholars who attended a Federal Indian Residential School during the day only but did not sleep there overnight. This lawsuit is not for students who attended Indian Day Schools – those students are covered by a separate class action settlement called the McLean Federal Indian Day Schools settlement.
In some cases, schools may have operated as a Federal Indian Residential School and then later as a Federal Indian Day School. We understand this can be confusing. That’s why it is important to check the dates on the Schedule E list.
To confirm which settlement, you may be eligible for, check the schools' lists for both class actions. You can find the lists of Federal Indian Residential Schools included in the Day Scholar Class Action in Schedule E, and you can find the schools list for the Federal Indian Day Schools Settlement at www.indiandayschools.com
Who is eligible under this settlement?
Each Day Scholar who attended an Indian Residential School during the day only (but did not sleep there overnight) is eligible to apply for a $10,000 Day Scholar Compensation Payment. A list of IRSs that had or might have had Day Scholars can be found at https://www.justicefordayscholars.com/schools-lists/
The full list is divided into two: List 1, which includes IRSs confirmed to have had Day Scholars; and List 2, which includes IRSs not known to have had Day Scholars.
To be eligible, you must have attended during the school opening and school closing or transfer dates stated on the Schedule E list. If you attended an IRS before or after these dates, this means you are not eligible for this settlement and should not apply. If you attended a school listed on Schedule E after the transfer date, you may have been included in the Federal Indian Day School Class Action: https://indiandayschools.com/en/
In cases where a Day Scholar has died on or after May 30, 2005, a claim can be submitted on behalf of a deceased Day Scholar by the estate Executor/Administrator/Trustee/Liquidator, or if there is no estate Executor/Administrator/Trustee/Liquidator, the highest priority living heir.
Survivor and Descendant Class Members (the natural or adopted children of Survivor Class Members) are also eligible to apply for funding from the Day Scholars Revitalization Fund to support healing, wellness, education, language, culture, and commemoration. More information can be found in Schedule F.
I attended a school during the day and went home at night, but I’m not sure if it was a “Federal Residential School” or an “Indian Day School.” What should I do?
Check the schools lists for both class actions to find out which settlement(s) you may be eligible for. You can find the lists of Federal Residential Schools covered in the Day Scholar Class Action in Schedule E, and you can find the schools list for the Indian Day Schools Settlement at indiandayschools.com.
If I attended a Federal Indian Day School and/or an Indian Residential School as a resident and received a payment through other class action lawsuits, can I be eligible for the Day Scholar Compensation Payment?
Day Scholars may still claim compensation under this settlement, even if that Day Scholar also attended Federal Indian Day Schools or was a resident of an IRS, so long as they have not received compensation for the same school years they attended as a Day Scholar through either the Federal Indian Day Schools Settlement Agreement or the IRSSA. You cannot receive compensation for more than one settlement for the same school year (a school year is September 1 – August 31). These examples may be helpful:
- A student attended a Federal Indian Day School from September 1968 – December 1968. They then attended an IRS as a Day Scholar from January 1969 – July 1969. In the same school year, this student attended both a Federal Indian Day School and an IRS as a Day Scholar. However, this student would only be able to receive compensation from one of these settlements, because you can only receive compensation from one settlement per school year.
- A second student attended a Federal Indian Day School from September 1968-July 1969. They then attended an IRS as a Day Scholar from September 1969 – July 1970. This person attended two different types of schools in two different school years and could be eligible to receive compensation from both the Federal Indian Day Schools Settlement and the Day Scholar settlement.
- A third student attended a Federal Indian Day School from September 1968 – December 1968. They then attended an IRS as a Day Scholar from January 1969 – July 1970. This person attended both types of schools in the same school year (September 1, 1968 – August 31, 1969) and attended just an IRS as a Day Scholar in a second school year (September 1969 – July 1970). This person could potentially receive compensation from the Federal Indian Day Schools Settlement for the first school year, as well as from the Day Scholars settlement for the second school year.
We encourage anyone who attended both a Federal Indian Day School and an IRS as a Day Scholar to discuss their situations with Class Counsel to get the best guidance on the next steps.
Indian Residential Schools Day Scholars – Class Counsel (Waddell Phillips) Contact: dayscholars@waddellphillips.ca or 1-888-222-6845.How long would someone have had to attend a Federal Residential School as a Day Scholar to qualify?
Any attendance at an IRS as a Day Scholar during a school year makes you eligible for this settlement, no matter how short the length of time.
If I went to a Day School and lived in a hostel at night, am I eligible?
People who attended Day Schools during the day and stayed at hostels at night are not eligible for this settlement; however, they may be eligible for the Federal Indian Day Schools Settlement. To learn more about the Federal Indian Day Schools settlement and to see the list of schools it covers, please visit https://indiandayschools.com/en/
If I attended an Indian Residential School that was not run by the Federal Government, am I eligible?
This lawsuit is against Canada only and only covers institutions that were set up by the Federal Government under the Indian Act. A list of IRSs can be found in Schedule E.
What if my loved one, a Day Scholar, has already passed away?
This settlement ensures that any Day Scholar who was alive as of May 30, 2005, is included.
If your loved one passed away after that date, and attended one of the listed schools, their estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir, may be able to apply for compensation on your loved one’s behalf. To learn more about how to apply on behalf of your loved one, please see www.dayscholarsclaims.com.
Eligibility Decision
I received a letter saying my Claim has been dismissed. What does this mean and what do I do now?
We understand it can be frustrating to receive a dismissal letter. The dismissal letter means that the Claims Administrator has assessed your Claim and found that the eligibility criteria has not been met.
If your Claim was dismissed because it was in relation to a school that is not a Federal Indian Residential School listed on Schedule E, or is on behalf of an individual who died before May 30, 2005, there are no further steps – the Claim is not eligible.
However, if your Claim is denied for any other reason, you have a right to seek reconsideration and there are a number of steps you can take based on the reason for dismissal. For guidance, you need to contact Class Counsel, Waddell Phillips, at 1-888-846-5538 or by email at reconsideration@waddellphillips.ca no later than 45 days after you receive the letter.
Class Counsel will assist you in preparing your Notice of Intent to seek reconsideration at no cost to you. Your Notice of Intent must be delivered to the Independent Reviewer no more than 60 days after the date of the eligibility decision letter received.
If you choose to seek alternative legal counsel for reconsideration, this will be at your own cost, and you will need to provide information received from the Administrator to your lawyer.
Opting Out
Can I opt out of the settlement?
Day Scholar Survivor or Descendant Class Members are no longer able to opt out (be excluded) from this class action. The deadline to opt out of this class action was November 30, 2015.
What does it mean if I have not received any correspondence?
If you have not received any correspondence from the Administrator, there is no cause for concern. The Administrator is still assessing your claim application and will send you a letter in the mail when a decision has been made.
Who is an Independent Reviewer, and what do they do?
The Settlement Agreement established the Independent Reviewer, a third party responsible for reviewing reconsideration requests from Claimants whose Claims have been denied by the Claims Administrator. Decisions of the Independent Reviewer are final, without any further right of appeal or judicial review.
The Court has appointed Catherine Fagan as the Independent Reviewer.
Compensation
When can Survivor Class Members start applying for the individual $10,000 Day Scholars Compensation Payment?
The claims period is now open as of January 4, 2022. We encourage Class Members to act quickly to ensure that you do not miss the claims deadline. The deadline to submit a claim is October 4, 2023.
What is the compensation available in the settlement?
The settlement includes a $10,000 individual compensation for each eligible Day Scholar who attended an IRS during the day only (but did not sleep there overnight) and was alive as of May 30, 2005. In cases where the Day Scholar died on or after May 30, 2005, their estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir, may be able to apply for compensation on their behalf.
The settlement also includes a $50 million Day Scholars Revitalization Fund to be used to support healing, wellness, education, language, culture, heritage, and commemoration for the benefit of the Survivor and Descendant Classes. The funds will be administered by a non-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
Day Scholars and their children will be able to apply for grants to access the money in the Society. More information can be found in Schedule F.How can Day Scholars and their Children access the Revitalization Fund?
The Day Scholars Revitalization Fund will be managed by the Day Scholars Revitalization Society. This is a non-profit society that is independent of Canada and Class Counsel.
The process for applying for a grant from the Day Scholars Revitalization Society is completely separate from the administration of the Day Scholars compensation payment. Canada or Class Counsel will not determine who receives funding.
More information will appear on this website when contact information for the Day Scholars Revitalization Society becomes available.
What benefit do Descendants of Day Scholars receive in the Settlement?
Descendant Class Members (the natural or adopted children of Survivor Class Members) will be able to apply to access funding from the Revitalization Fund. The funds will be used to support healing, wellness, education, language, culture, heritage, and commemoration, and will be managed by a not-for-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
The Day Scholars Revitalization Society, which will administer the Fund, is currently being established. Information regarding when the Society will start receiving applications for funding will be posted on this website when available. More information can be found in Schedule F.
When will Class Members receive their compensation?
Valid claims for living Day Scholars will be paid as quickly as possible.
If you are making an Estate Claim as an heir of a deceased Day Scholar who was alive as of May 30, 2005, your claim will not be assessed until the end of the claims period to make sure that no claim has been brought by a validly appointed estate executor, administrator, trustee or liquidator, or by an heir of the same or higher priority. Please fill out the forms carefully and make sure you have given all the information asked for. This will help the Claims Administrator pay your claim quickly.Claims Process
What will be involved in the claims application process?
The Claims Process differs depending on whether you are a Day Scholar applying on your own behalf, or if you are applying on behalf of a Day Scholar who passed away on or before May 30, 2005.
For claims relating to any IRSs in List 1 (IRSs with known Day Scholars), no supporting documentation is required to prove the Day Scholars’ attendance beyond the basic information in the Claim Form itself.
For claims relating to any IRSs in List 2 (IRSs that may have had Day Scholars), claimants will be required to provide a formal sworn statement confirming that they were a Day Scholar and explaining where they were living when they attended the IRS as a Day Scholar.
If you need assistance filling out the claim form, please contact the Claims Administrator. A document explaining the complete Claims Process can be found at www.dayscholarsclaims.com.
If I submit a paper form does this mean my application will take more time?
The Administrator will process all claims as quickly as possible. However, completing and submitting your claim form online is the quickest and most efficient way to submit your form. It is received automatically by the Administrator, ensures all parts of the form are completed and reduces the chance of missing information that could delay the processing of your claim.
Making a Claim
Who can make a claim on behalf of a deceased Day Scholar?
A claim for the $10,000 Day Scholar compensation can be made on behalf of an eligible Day Scholar, if the Day Scholar has passed away on or after May 30, 2005.
In cases where the deceased Day Scholar’s estate has an executor, administrator, trustee or liquidator (generally because one was named in a will, or appointed by a court), only that person may make a claim on behalf of the estate.
If there is no estate executor, administrator, trustee or liquidator, the highest priority living heir can make a claim. The priority level of heirs follows the distribution of property in cases where someone dies without a will under the Indian Act, and is as follows (from highest to lowest priority)
- surviving spouse;
- common-law partner or defacto partner;
- children;
- grandchildren;
- parents;
- siblings; and
- children of siblings.
In cases where there is more than one heir of the same priority level, those heirs must choose one person to make the claim on behalf of all of them.
When people are applying on behalf of a loved one who has died on or after May 30, 2005, they must complete an Estate Claim Form.
More information on the Estate Claims Process and priority of claims can be found at www.dayscholarsclaims.com.
In all cases, Claimants are required to submit the claim form to a Claims Administrator before the claims deadline on October 4, 2023.
Why do I have to be the “highest priority heir” to apply for compensation on behalf of my loved one who doesn’t have an Estate executor/administrator/liquidator/trustee?
In cases where a Day Scholar has died and does not have an Estate executor/ liquidator/ trustee, there is a process that allows the highest priority heir to apply for compensation on behalf of the deceased day scholar. Where there is not an Estate executor/ liquidator/ trustee established, the highest priority heir becomes the representative who can seek compensation on behalf of a loved one who passed away on or after May 30, 2005.
The highest priority heir is identified using the chart below. This priority is consistent with estate law generally and is the same as the priority that is set out in the Indian Act.
The chart is as follows (from highest to lowest priority):
- surviving spouse;
- common-law partner or defacto partner;
- children
- grandchildren;
- parents;
- siblings; and
- children of siblings
What if a living Day Scholar is unable to make a claim due to disability?
- If a living Day Scholar is under disability and unable to make a claim, a legally appointed personal representative can complete the Survivor Claim Form on their behalf. In addition, you must also complete the “Personal Representative Information” section of the Claim Form with your information.
- To submit a Claim as the Personal Representative on behalf of a living Day Scholar, you will need to provide supporting documents such as a government-issued ID. Examples include a Driver's License, Passport, Provincial/Territory Photo Card, Certificate of Indian Status. A full list of accepted forms of government ID, and more information on applying on behalf of a living Day Scholar who is under disability can be found on the claims website- www.dayscholarsclaims.com
What is the difference between the Descendant Class and making an Estates Claim?
The Descendant Class are children of Day Scholars. Within the settlement, the Descendant Class is able to apply to access the funding within the $50 million Day Scholars Revitalization Fund. The funds will be used to support healing, wellness, education, language, culture, heritage, and commemoration, and will be managed by a not-for-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
The Day Scholars Revitalization Society which will administer the Fund is currently being established. Information regarding when the Society will start receiving applications for funding will be posted on this website when available.
Conversely, an Estate Claim is made on behalf of a deceased Day Scholar for the $10,000 Day Scholars Compensation. These claims can only be submitted for Day Scholars who passed away on or after May 30, 2005. Estate Claim may be submitted by the deceased Day Scholar’s estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir. To learn more about how to apply on behalf of your loved one, please see www.dayscholarsclaims.com.Where can I get the claim form for this settlement?
Claim forms are now available in both online and paper versions as of January 4, 2022.
- Completing and submitting your claim form online is the quickest and most efficient way to automatically submit your form to the Administrator. It ensures that all parts of the form are completed accurately, and reduces your chances of missing out vital information, which could delay the processing of your claim.
- If you prefer a paper version, you can download a paper claim form directly from dayscholarsclaims.com or contact the Claims Administrator (Deloitte) to request that a paper claim form be mailed to you. The Claims Administrator may be reached at dayscholarsclaims@deloitte.ca or 1-877-877-5786.
What does it mean if my school is not on the lists of schools for the time I attended?
This could mean a couple things. First, it could mean that your school was actually a Federal Day School, not an IRS. Students who attended a Federal Indian Day School may be eligible for compensation through the Federal Indian Day School Class Action Settlement. For more information, visit https://indiandayschools.com/en/.
Second, it could mean that your school was not an IRS that was set up and funded by the Canadian Government. This lawsuit is against Canada only, and only covers institutions that were set up by the Federal Government under the Indian Act.Why has my claim been dismissed by the Claims Administrator?
If your claim is rejected, the Claims Administrator will send you a written notice providing clear reasons why the claim has been dismissed.
Claimants do not have a right of reconsideration if their claims are dismissed because their institution or school is not an IRS listed in Schedule E of the Settlement Agreement, or the claim is on behalf of an individual who died before May 30, 2005.
If your claim has been dismissed for any other reason, you can ask for reconsideration.
If eligible for reconsideration, the Claims Administrator will inform you of your right to reconsideration. If that happens, you can choose to have a lawyer provided by Class Counsel (at no cost to you), you can represent yourself, or you can choose your own lawyer (you will have to pay your lawyer). An Independent Reviewer will reconsider the claim based on the written submissions of the Claimant (or their counsel) and any new evidence submitted by the Claimant. The Independent Reviewer’s decision will be final and binding.Resources and Support
What supports are available to Day Scholars and Descendants as they go through this process?
Emotional and crisis support is available to Survivor and Descendant Class Members 24 hours a day, 7 days a week through the National Indian Residential Schools Crisis Line at 1-866-925-4419 and Hope for Wellness Helpline at 1-855-242-3310 or online at www.hopeforwellness.ca
Counselling is available in English, French, Cree, Ojibway, and Inuktitut, on request.How do I get more information about the Class Action or the Settlement?
The Short Form Notice and Long Form Notice documents summarize the Class Action and the Settlement. You can view the full settlement agreement, the court order approving the settlement agreement, and other important documents, on the https://www.justicefordayscholars.com/ website.
If you want to speak to Class Counsel about the Class Action or the Settlement, you can do so by mail, fax, phone, or email:
Waddell Phillips Professional Corporation
Att’n: Day Scholars Class Action
36 Toronto Street, Suite 1120
Toronto, ON M5C 2C5
Fax: 416-477-1657
Tel: 1-888-222-6845 (toll-free)
dayscholars@waddellphillips.ca
Who should I talk to if I have questions about the Claim form?
If you want to obtain a paper copy of a claim form, need assistance completing a claim form, or want more information about this class action or the claims process, please see www.dayscholarsclaims.com or contact the Claims Administrator:
Phone: 1-877-877-5786 (Monday to Friday, 10:00 am – 6.00 pm EST)
Fax: 416-601-6101
Email: dayscholarsclaims@deloitte.ca
Mailing Address:
Indian Residential Schools Day Scholars Claims Administrator c/o Deloitte
PO Box 7014
Toronto, ON, Canada M5C 0A9
Who should I talk to if I have questions about the proposed settlement agreement?
If you have questions about this settlement agreement or about the class action in general, you can contact Class Counsel (the lawyers for the Class Members) at no charge.
Phone: 1-888-222-6845 (toll-free)Fax: 416-477-1657
Email: dayscholars@waddellphillips.ca
Mailing Address:
Waddell Phillips Professional Corporation
Att’n: Day Scholars Class Action
36 Toronto Street, Suite 1120
Toronto, ON M5C 2C5
Who are the lawyers representing Class Members?
The lawyers representing Class Members are called Class Counsel. Class Counsel for this class action are John Kingman Phillips, Peter R. Grant, Diane Soroka, W. Cory Wanless, and Otto Phillips.
Survivor and Descendant Class Members are able to speak to Class Counsel about the settlement at no charge. You may contact them at dayscholars@waddellphillips.ca or 1-888-222-6845.
What is this class action about?
This class action called Gottfriedson v. Canada is about the claims of Day Scholars, students who attended Indian Residential Schools (“IRS”) during the day only and did not sleep there overnight. The lawsuit asserted that the purpose, operation, and management of IRSs destroyed the Class Members’ language and culture, violated their cultural and linguistic rights, and caused psychological harm.
The Class Action sought compensation for Survivors who say they were harmed as a result of their attendance at IRSs as Day Scholars. The class action also sought compensation for Descendants and Bands who say they too were harmed as a result of Survivors’ attendance as Day Scholars at IRSs and IRS policy.What is the settlement?
The settlement applies to the Day Scholar Survivor Class (students who attended Indian Residential School as Day Scholars), and the Descendant Class. The Band Class claim is continuing on to trial. The settlement includes a $10,000 individual compensation for each eligible Day Scholar who attended an IRS during the day only (but did not sleep there overnight) and was alive as of May 30, 2005. In cases where the Day Scholar died on or after May 30, 2005, their estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir, may be able to apply for compensation on their behalf.
The settlement also includes a $50 million Day Scholars Revitalization Fund to be used to support healing, wellness, education, language, culture, heritage, and commemoration for the benefit of the Survivor and Descendant Classes. The funds will be administered by a non-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
Day Scholars and their children will be able to apply for grants to access the money in Society. More information can be found in Schedule F.
The class action and settlement are not about sexual or serious physical abuse endured by students at IRSs. Day scholars were eligible to apply for compensation for sexual or serious physical abuse endured at IRSs through the Independent Assessment Process of the Indian Residential Schools Settlement Agreement (“IRSSA”). This class action and settlement are not about Federal Indian Day Schools. Claims regarding Federal Indian Day Schools are part of the Federal Indian Day Schools Class Action. You can find out more about the settlement in that class action at https://indiandayschools.com/en/.
How does this settlement impact the Band Class?
The settlement does not include the Band Class. Nothing in the settlement will affect the Band Class claim, which is moving forward to trial. To learn more about the Band Class process, visit the Band Class section of the website.
What’s happening with the Claims process right now?
The Administrator is currently reviewing and assessing claims. Class Members will receive a letter in the mail when an eligibility decision has been made about their Claim.
How many Day Scholars does this settlement affect?
Approximately 12,000-20,000 Day Scholars Survivors were alive as of May 30, 2005.
In addition, Descendants (natural or adopted children) of Day Scholars may be eligible to benefit from the Day Scholars Revitalization Fund, which greatly increases the overall number of individuals impacted by the settlement.
What criteria was used to determine which schools to be listed in Schedule E?
The schools listed in Schedule E are schools that were covered by the Indian Residential School Settlement Agreement (IRSSA) listed in Schedule A of the Federal Court certification order and that had or could have had Day Scholars.
It includes two Lists. List 1 is a list of Federal Indian Residential Schools confirmed to have Day Scholars (those who attended during the day but did not sleep overnight) in attendance. List 2 is a list of Federal Indian Residential Schools that have no confirmed Day Scholars but might have had Day Scholars in attendance.
What benefits are available to Descendants? When can Descendants apply for those benefits?
Descendants (i.e., the children of Day Scholars) are not eligible for direct compensation under the settlement. However, the settlement includes $50 million for a Day Scholars Revitalization Fund, established to support healing, wellness, education, language, culture, and commemoration activities for the benefit of the Day Scholar Survivor and Descendant Classes.
The funds will be administered by a non-profit society called the Day Scholars Revitalization Society that is independent of Canada and Class Counsel. Canada or Class Counsel are not involved in making decisions on who receives funding through the Day Scholars Revitalization Fund.
The process for applying for funding from the Day Scholars Revitalization Society has not yet been set. Day Scholar Survivors and Descendants will be able to apply for funding to support healing, wellness, education, language, culture, and commemoration activities.
How is this settlement different from the Federal Indian Day Schools settlement?
This settlement is for Federal Indian Residential Schools Day Scholars from the Gottfriedson class action. This settlement provides compensation for Day Scholars who attended a Federal Indian Residential School during the day only but did not sleep there overnight. This lawsuit is not for students who attended Indian Day Schools – those students are covered by a separate class action settlement called the McLean Federal Indian Day Schools settlement.
In some cases, schools may have operated as a Federal Indian Residential School and then later as a Federal Indian Day School. We understand this can be confusing. That’s why it is important to check the dates on the Schedule E list.
To confirm which settlement, you may be eligible for, check the schools' lists for both class actions. You can find the lists of Federal Indian Residential Schools included in the Day Scholar Class Action in Schedule E, and you can find the schools list for the Federal Indian Day Schools Settlement at www.indiandayschools.com
Why are there “eligible dates” for when people attended a Federal Indian Residential School under this settlement?
To be eligible for this settlement, you must have attended a Federal Indian Residential School during the day only the dates stated on the Schedule E list. These opening and closing or transfer dates (eligible dates) represent the periods when the school was operating as a Federal Indian Residential School, which is the focus of this settlement.
If I didn’t attend a Federal Indian Residential school during the eligible dates what does this mean?
If you attended a school that is on the Federal Indian Residential Schools Schedule E list but after the closing or transfer date, you are not eligible for this settlement. However, the school may have been operating as a Federal Indian Day School, and you may be eligible for a different settlement, visit https://indiandayschools.com/en/ or https://www.classaction.deloitte.ca/en-CA/indian-day-school-claims-class-action/ to learn more.
If my school was not operated by the Federal Government, who is responsible?
Where an institution was not operated by the Federal Government, it could have been operated by provincial and territorial governments and/or religious institutions.
Who is eligible under this settlement?
Each Day Scholar who attended an Indian Residential School during the day only (but did not sleep there overnight) is eligible to apply for a $10,000 Day Scholar Compensation Payment. A list of IRSs that had or might have had Day Scholars can be found at https://www.justicefordayscholars.com/schools-lists/
The full list is divided into two: List 1, which includes IRSs confirmed to have had Day Scholars; and List 2, which includes IRSs not known to have had Day Scholars.
To be eligible, you must have attended during the school opening and school closing or transfer dates stated on the Schedule E list. If you attended an IRS before or after these dates, this means you are not eligible for this settlement and should not apply. If you attended a school listed on Schedule E after the transfer date, you may have been included in the Federal Indian Day School Class Action: https://indiandayschools.com/en/
In cases where a Day Scholar has died on or after May 30, 2005, a claim can be submitted on behalf of a deceased Day Scholar by the estate Executor/Administrator/Trustee/Liquidator, or if there is no estate Executor/Administrator/Trustee/Liquidator, the highest priority living heir.
Survivor and Descendant Class Members (the natural or adopted children of Survivor Class Members) are also eligible to apply for funding from the Day Scholars Revitalization Fund to support healing, wellness, education, language, culture, and commemoration. More information can be found in Schedule F.
I attended a school during the day and went home at night, but I’m not sure if it was a “Federal Residential School” or an “Indian Day School.” What should I do?
Check the schools lists for both class actions to find out which settlement(s) you may be eligible for. You can find the lists of Federal Residential Schools covered in the Day Scholar Class Action in Schedule E, and you can find the schools list for the Indian Day Schools Settlement at indiandayschools.com.
If I attended a Federal Indian Day School and/or an Indian Residential School as a resident and received a payment through other class action lawsuits, can I be eligible for the Day Scholar Compensation Payment?
Day Scholars may still claim compensation under this settlement, even if that Day Scholar also attended Federal Indian Day Schools or was a resident of an IRS, so long as they have not received compensation for the same school years they attended as a Day Scholar through either the Federal Indian Day Schools Settlement Agreement or the IRSSA. You cannot receive compensation for more than one settlement for the same school year (a school year is September 1 – August 31). These examples may be helpful:
- A student attended a Federal Indian Day School from September 1968 – December 1968. They then attended an IRS as a Day Scholar from January 1969 – July 1969. In the same school year, this student attended both a Federal Indian Day School and an IRS as a Day Scholar. However, this student would only be able to receive compensation from one of these settlements, because you can only receive compensation from one settlement per school year.
- A second student attended a Federal Indian Day School from September 1968-July 1969. They then attended an IRS as a Day Scholar from September 1969 – July 1970. This person attended two different types of schools in two different school years and could be eligible to receive compensation from both the Federal Indian Day Schools Settlement and the Day Scholar settlement.
- A third student attended a Federal Indian Day School from September 1968 – December 1968. They then attended an IRS as a Day Scholar from January 1969 – July 1970. This person attended both types of schools in the same school year (September 1, 1968 – August 31, 1969) and attended just an IRS as a Day Scholar in a second school year (September 1969 – July 1970). This person could potentially receive compensation from the Federal Indian Day Schools Settlement for the first school year, as well as from the Day Scholars settlement for the second school year.
We encourage anyone who attended both a Federal Indian Day School and an IRS as a Day Scholar to discuss their situations with Class Counsel to get the best guidance on the next steps.
Indian Residential Schools Day Scholars – Class Counsel (Waddell Phillips) Contact: dayscholars@waddellphillips.ca or 1-888-222-6845.How long would someone have had to attend a Federal Residential School as a Day Scholar to qualify?
Any attendance at an IRS as a Day Scholar during a school year makes you eligible for this settlement, no matter how short the length of time.
If I went to a Day School and lived in a hostel at night, am I eligible?
People who attended Day Schools during the day and stayed at hostels at night are not eligible for this settlement; however, they may be eligible for the Federal Indian Day Schools Settlement. To learn more about the Federal Indian Day Schools settlement and to see the list of schools it covers, please visit https://indiandayschools.com/en/
If I attended an Indian Residential School that was not run by the Federal Government, am I eligible?
This lawsuit is against Canada only and only covers institutions that were set up by the Federal Government under the Indian Act. A list of IRSs can be found in Schedule E.
What if my loved one, a Day Scholar, has already passed away?
This settlement ensures that any Day Scholar who was alive as of May 30, 2005, is included.
If your loved one passed away after that date, and attended one of the listed schools, their estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir, may be able to apply for compensation on your loved one’s behalf. To learn more about how to apply on behalf of your loved one, please see www.dayscholarsclaims.com.
I received a letter saying my Claim has been dismissed. What does this mean and what do I do now?
We understand it can be frustrating to receive a dismissal letter. The dismissal letter means that the Claims Administrator has assessed your Claim and found that the eligibility criteria has not been met.
If your Claim was dismissed because it was in relation to a school that is not a Federal Indian Residential School listed on Schedule E, or is on behalf of an individual who died before May 30, 2005, there are no further steps – the Claim is not eligible.
However, if your Claim is denied for any other reason, you have a right to seek reconsideration and there are a number of steps you can take based on the reason for dismissal. For guidance, you need to contact Class Counsel, Waddell Phillips, at 1-888-846-5538 or by email at reconsideration@waddellphillips.ca no later than 45 days after you receive the letter.
Class Counsel will assist you in preparing your Notice of Intent to seek reconsideration at no cost to you. Your Notice of Intent must be delivered to the Independent Reviewer no more than 60 days after the date of the eligibility decision letter received.
If you choose to seek alternative legal counsel for reconsideration, this will be at your own cost, and you will need to provide information received from the Administrator to your lawyer.
What does it mean if I have not received any correspondence?
If you have not received any correspondence from the Administrator, there is no cause for concern. The Administrator is still assessing your claim application and will send you a letter in the mail when a decision has been made.
Who is an Independent Reviewer, and what do they do?
The Settlement Agreement established the Independent Reviewer, a third party responsible for reviewing reconsideration requests from Claimants whose Claims have been denied by the Claims Administrator. Decisions of the Independent Reviewer are final, without any further right of appeal or judicial review.
The Court has appointed Catherine Fagan as the Independent Reviewer.
Can I opt out of the settlement?
Day Scholar Survivor or Descendant Class Members are no longer able to opt out (be excluded) from this class action. The deadline to opt out of this class action was November 30, 2015.
When can Survivor Class Members start applying for the individual $10,000 Day Scholars Compensation Payment?
The claims period is now open as of January 4, 2022. We encourage Class Members to act quickly to ensure that you do not miss the claims deadline. The deadline to submit a claim is October 4, 2023.
What is the compensation available in the settlement?
The settlement includes a $10,000 individual compensation for each eligible Day Scholar who attended an IRS during the day only (but did not sleep there overnight) and was alive as of May 30, 2005. In cases where the Day Scholar died on or after May 30, 2005, their estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir, may be able to apply for compensation on their behalf.
The settlement also includes a $50 million Day Scholars Revitalization Fund to be used to support healing, wellness, education, language, culture, heritage, and commemoration for the benefit of the Survivor and Descendant Classes. The funds will be administered by a non-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
Day Scholars and their children will be able to apply for grants to access the money in the Society. More information can be found in Schedule F.How can Day Scholars and their Children access the Revitalization Fund?
The Day Scholars Revitalization Fund will be managed by the Day Scholars Revitalization Society. This is a non-profit society that is independent of Canada and Class Counsel.
The process for applying for a grant from the Day Scholars Revitalization Society is completely separate from the administration of the Day Scholars compensation payment. Canada or Class Counsel will not determine who receives funding.
More information will appear on this website when contact information for the Day Scholars Revitalization Society becomes available.
What benefit do Descendants of Day Scholars receive in the Settlement?
Descendant Class Members (the natural or adopted children of Survivor Class Members) will be able to apply to access funding from the Revitalization Fund. The funds will be used to support healing, wellness, education, language, culture, heritage, and commemoration, and will be managed by a not-for-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
The Day Scholars Revitalization Society, which will administer the Fund, is currently being established. Information regarding when the Society will start receiving applications for funding will be posted on this website when available. More information can be found in Schedule F.
When will Class Members receive their compensation?
Valid claims for living Day Scholars will be paid as quickly as possible.
If you are making an Estate Claim as an heir of a deceased Day Scholar who was alive as of May 30, 2005, your claim will not be assessed until the end of the claims period to make sure that no claim has been brought by a validly appointed estate executor, administrator, trustee or liquidator, or by an heir of the same or higher priority. Please fill out the forms carefully and make sure you have given all the information asked for. This will help the Claims Administrator pay your claim quickly.What will be involved in the claims application process?
The Claims Process differs depending on whether you are a Day Scholar applying on your own behalf, or if you are applying on behalf of a Day Scholar who passed away on or before May 30, 2005.
For claims relating to any IRSs in List 1 (IRSs with known Day Scholars), no supporting documentation is required to prove the Day Scholars’ attendance beyond the basic information in the Claim Form itself.
For claims relating to any IRSs in List 2 (IRSs that may have had Day Scholars), claimants will be required to provide a formal sworn statement confirming that they were a Day Scholar and explaining where they were living when they attended the IRS as a Day Scholar.
If you need assistance filling out the claim form, please contact the Claims Administrator. A document explaining the complete Claims Process can be found at www.dayscholarsclaims.com.
If I submit a paper form does this mean my application will take more time?
The Administrator will process all claims as quickly as possible. However, completing and submitting your claim form online is the quickest and most efficient way to submit your form. It is received automatically by the Administrator, ensures all parts of the form are completed and reduces the chance of missing information that could delay the processing of your claim.
Who can make a claim on behalf of a deceased Day Scholar?
A claim for the $10,000 Day Scholar compensation can be made on behalf of an eligible Day Scholar, if the Day Scholar has passed away on or after May 30, 2005.
In cases where the deceased Day Scholar’s estate has an executor, administrator, trustee or liquidator (generally because one was named in a will, or appointed by a court), only that person may make a claim on behalf of the estate.
If there is no estate executor, administrator, trustee or liquidator, the highest priority living heir can make a claim. The priority level of heirs follows the distribution of property in cases where someone dies without a will under the Indian Act, and is as follows (from highest to lowest priority)
- surviving spouse;
- common-law partner or defacto partner;
- children;
- grandchildren;
- parents;
- siblings; and
- children of siblings.
In cases where there is more than one heir of the same priority level, those heirs must choose one person to make the claim on behalf of all of them.
When people are applying on behalf of a loved one who has died on or after May 30, 2005, they must complete an Estate Claim Form.
More information on the Estate Claims Process and priority of claims can be found at www.dayscholarsclaims.com.
In all cases, Claimants are required to submit the claim form to a Claims Administrator before the claims deadline on October 4, 2023.
Why do I have to be the “highest priority heir” to apply for compensation on behalf of my loved one who doesn’t have an Estate executor/administrator/liquidator/trustee?
In cases where a Day Scholar has died and does not have an Estate executor/ liquidator/ trustee, there is a process that allows the highest priority heir to apply for compensation on behalf of the deceased day scholar. Where there is not an Estate executor/ liquidator/ trustee established, the highest priority heir becomes the representative who can seek compensation on behalf of a loved one who passed away on or after May 30, 2005.
The highest priority heir is identified using the chart below. This priority is consistent with estate law generally and is the same as the priority that is set out in the Indian Act.
The chart is as follows (from highest to lowest priority):
- surviving spouse;
- common-law partner or defacto partner;
- children
- grandchildren;
- parents;
- siblings; and
- children of siblings
What if a living Day Scholar is unable to make a claim due to disability?
- If a living Day Scholar is under disability and unable to make a claim, a legally appointed personal representative can complete the Survivor Claim Form on their behalf. In addition, you must also complete the “Personal Representative Information” section of the Claim Form with your information.
- To submit a Claim as the Personal Representative on behalf of a living Day Scholar, you will need to provide supporting documents such as a government-issued ID. Examples include a Driver's License, Passport, Provincial/Territory Photo Card, Certificate of Indian Status. A full list of accepted forms of government ID, and more information on applying on behalf of a living Day Scholar who is under disability can be found on the claims website- www.dayscholarsclaims.com
What is the difference between the Descendant Class and making an Estates Claim?
The Descendant Class are children of Day Scholars. Within the settlement, the Descendant Class is able to apply to access the funding within the $50 million Day Scholars Revitalization Fund. The funds will be used to support healing, wellness, education, language, culture, heritage, and commemoration, and will be managed by a not-for-profit society that is independent of Canada and Class Counsel. Canada or Class Counsel will not make decisions on who receives funding through the Day Scholars Revitalization Fund.
The Day Scholars Revitalization Society which will administer the Fund is currently being established. Information regarding when the Society will start receiving applications for funding will be posted on this website when available.
Conversely, an Estate Claim is made on behalf of a deceased Day Scholar for the $10,000 Day Scholars Compensation. These claims can only be submitted for Day Scholars who passed away on or after May 30, 2005. Estate Claim may be submitted by the deceased Day Scholar’s estate administrator, executor, trustee, liquidator, or if none is appointed, their highest priority heir. To learn more about how to apply on behalf of your loved one, please see www.dayscholarsclaims.com.Where can I get the claim form for this settlement?
Claim forms are now available in both online and paper versions as of January 4, 2022.
- Completing and submitting your claim form online is the quickest and most efficient way to automatically submit your form to the Administrator. It ensures that all parts of the form are completed accurately, and reduces your chances of missing out vital information, which could delay the processing of your claim.
- If you prefer a paper version, you can download a paper claim form directly from dayscholarsclaims.com or contact the Claims Administrator (Deloitte) to request that a paper claim form be mailed to you. The Claims Administrator may be reached at dayscholarsclaims@deloitte.ca or 1-877-877-5786.
What does it mean if my school is not on the lists of schools for the time I attended?
This could mean a couple things. First, it could mean that your school was actually a Federal Day School, not an IRS. Students who attended a Federal Indian Day School may be eligible for compensation through the Federal Indian Day School Class Action Settlement. For more information, visit https://indiandayschools.com/en/.
Second, it could mean that your school was not an IRS that was set up and funded by the Canadian Government. This lawsuit is against Canada only, and only covers institutions that were set up by the Federal Government under the Indian Act.Why has my claim been dismissed by the Claims Administrator?
If your claim is rejected, the Claims Administrator will send you a written notice providing clear reasons why the claim has been dismissed.
Claimants do not have a right of reconsideration if their claims are dismissed because their institution or school is not an IRS listed in Schedule E of the Settlement Agreement, or the claim is on behalf of an individual who died before May 30, 2005.
If your claim has been dismissed for any other reason, you can ask for reconsideration.
If eligible for reconsideration, the Claims Administrator will inform you of your right to reconsideration. If that happens, you can choose to have a lawyer provided by Class Counsel (at no cost to you), you can represent yourself, or you can choose your own lawyer (you will have to pay your lawyer). An Independent Reviewer will reconsider the claim based on the written submissions of the Claimant (or their counsel) and any new evidence submitted by the Claimant. The Independent Reviewer’s decision will be final and binding.What supports are available to Day Scholars and Descendants as they go through this process?
Emotional and crisis support is available to Survivor and Descendant Class Members 24 hours a day, 7 days a week through the National Indian Residential Schools Crisis Line at 1-866-925-4419 and Hope for Wellness Helpline at 1-855-242-3310 or online at www.hopeforwellness.ca
Counselling is available in English, French, Cree, Ojibway, and Inuktitut, on request.How do I get more information about the Class Action or the Settlement?
The Short Form Notice and Long Form Notice documents summarize the Class Action and the Settlement. You can view the full settlement agreement, the court order approving the settlement agreement, and other important documents, on the https://www.justicefordayscholars.com/ website.
If you want to speak to Class Counsel about the Class Action or the Settlement, you can do so by mail, fax, phone, or email:
Waddell Phillips Professional Corporation
Att’n: Day Scholars Class Action
36 Toronto Street, Suite 1120
Toronto, ON M5C 2C5
Fax: 416-477-1657
Tel: 1-888-222-6845 (toll-free)
dayscholars@waddellphillips.ca
Who should I talk to if I have questions about the Claim form?
If you want to obtain a paper copy of a claim form, need assistance completing a claim form, or want more information about this class action or the claims process, please see www.dayscholarsclaims.com or contact the Claims Administrator:
Phone: 1-877-877-5786 (Monday to Friday, 10:00 am – 6.00 pm EST)
Fax: 416-601-6101
Email: dayscholarsclaims@deloitte.ca
Mailing Address:
Indian Residential Schools Day Scholars Claims Administrator c/o Deloitte
PO Box 7014
Toronto, ON, Canada M5C 0A9
Who should I talk to if I have questions about the proposed settlement agreement?
If you have questions about this settlement agreement or about the class action in general, you can contact Class Counsel (the lawyers for the Class Members) at no charge.
Phone: 1-888-222-6845 (toll-free)Fax: 416-477-1657
Email: dayscholars@waddellphillips.ca
Mailing Address:
Waddell Phillips Professional Corporation
Att’n: Day Scholars Class Action
36 Toronto Street, Suite 1120
Toronto, ON M5C 2C5
Who are the lawyers representing Class Members?
The lawyers representing Class Members are called Class Counsel. Class Counsel for this class action are John Kingman Phillips, Peter R. Grant, Diane Soroka, W. Cory Wanless, and Otto Phillips.
Survivor and Descendant Class Members are able to speak to Class Counsel about the settlement at no charge. You may contact them at dayscholars@waddellphillips.ca or 1-888-222-6845.