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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?
How does this settlement impact the Band Class?
What’s happening with the Claims process right now?
How many Day Scholars does this settlement affect?
Eligibility
Why are there “eligible dates” for when people attended a Federal Indian Residential School under this settlement?
What criteria was used to determine which schools to be listed in Schedule E?
If I didn’t attend a Federal Indian Residential school during the eligible dates what does this mean?
What benefits are available to Descendants? When can Descendants apply for those benefits?
If my school was not operated by the Federal Government, who is responsible?
How is this settlement different from the Federal Indian Day Schools settlement?
Who is eligible under this settlement?
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?
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?
If I went to a Day School and lived in a hostel at night, am I eligible?
If I attended an Indian Residential School that was not run by the Federal Government, am I eligible?
What if my loved one, a Day Scholar, has already passed away?
Eligibility Decision
I received a letter saying my Claim has been dismissed. What does this mean and what do I do now?
Opting Out
Can I opt out of the settlement?
What does it mean if I have not received any correspondence?
Who is an Independent Reviewer, and what do they do?
Compensation
When can Survivor Class Members start applying for the individual $10,000 Day Scholars Compensation Payment?
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?
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?
If I submit a paper form does this mean my application will take more time?
Claims Process Deadline Extension
Why is the claims process being extended?
Will there be another extension?
Who is eligible to receive the extension?
How can Class Members apply for the extension?
What support will be available to Class Members during the extension process?
Making a Claim
Who can make a claim on behalf of a deceased Day Scholar?
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?
- 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?
- 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?
Who should I talk to if I have questions about the Claim form?
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?
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?
How does this settlement impact the Band Class?
What’s happening with the Claims process right now?
How many Day Scholars does this settlement affect?
What criteria was used to determine which schools to be listed in Schedule E?
What benefits are available to Descendants? When can Descendants apply for those benefits?
How is this settlement different from the Federal Indian Day Schools settlement?
Why are there “eligible dates” for when people attended a Federal Indian Residential School under this settlement?
If I didn’t attend a Federal Indian Residential school during the eligible dates what does this mean?
If my school was not operated by the Federal Government, who is responsible?
Who is eligible under this settlement?
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?
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?
If I went to a Day School and lived in a hostel at night, am I eligible?
If I attended an Indian Residential School that was not run by the Federal Government, am I eligible?
What if my loved one, a Day Scholar, has already passed away?
I received a letter saying my Claim has been dismissed. What does this mean and what do I do now?
What does it mean if I have not received any correspondence?
Who is an Independent Reviewer, and what do they do?
Can I opt out of the settlement?
When can Survivor Class Members start applying for the individual $10,000 Day Scholars Compensation Payment?
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?
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?
If I submit a paper form does this mean my application will take more time?
Why is the claims process being extended?
Will there be another extension?
Who is eligible to receive the extension?
How can Class Members apply for the extension?
What support will be available to Class Members during the extension process?
Who can make a claim on behalf of a deceased Day Scholar?
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?
- 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?
- 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?
Who should I talk to if I have questions about the Claim form?
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