Survivors of 5 Northwest Territories Residential Schools, Descendants Can Claim $ 10,000 Compensation
Residential school survivors and their descendants can claim $ 10,000 in compensation as a result of a class action settlement.
In 2012, the Tk’emlúps te Secwe̓pemc and shíshálh nation filed a class action lawsuit on behalf of the day scholars – survivors who attended during the day, but returned home at night – claiming that attending a boarding school destroyed their language and culture, violated their rights and caused psychological damage.
A settlement was reached and approved by the Federal Court last October.
The settlement includes $ 10,000 in compensation, which survivors and their descendants can claim, as well as a $ 50 million fund for healing initiatives, education, and support for linguistic, cultural, heritage and commemorative activities. .
The fund is still being established and will be administered by a non-profit corporation, states a note on the regulation.
The day scholarship claim settlement process was opened on January 5, 2022.
An estimated 12,000 to 20,000 day school survivors were alive as of May 2005.
Who is eligible?
People who attended residential school during the day but did not sleep at night can claim $ 10,000.
If a day school died on or after May 30, 2005, the estate of a deceased day school, or the closest heir, may submit an application on behalf of the deceased.
The deadline for submitting a complaint is October 4, 2023.
Details of day school experiences are not required. The application form requires information such as the dates applicants attended the day school.
Applicants must also upload identification or complete a statement signed by a witness.
Which schools are included in the regulation?
The regulation lists schools known to have day schools.
In the NWT, there are five schools:
Aklavik (Immaculate Conception), open from July 1, 1926 to June 30, 1959
Aklavik (All Saints), open from August 1, 1936 to August 31, 1959
Fort Providence (Sacré-Coeur), open from January 1, 1920 to June 30, 1960
Fort Resolution (St. Joseph’s), open from January 1, 1920 to December 31, 1957
Hay River (St. Peter’s), open from January 1, 1920 to August 31, 1937.
Are those who were compensated under the 2006 Indian Residential Schools Settlement Agreement eligible for this settlement?
Many children who suffered harm in day school were excluded from the 2006 Indian Residential Schools Settlement Agreement and were unable to access the Common Experience Payment in that settlement, which was 10,000. $ for one year of residential school life and $ 3,000 for each subsequent year.
For those who have previously received a Common Experience Payment under the Indian Residential Schools Settlement Agreement (IRSSA), or who are eligible for compensation under the McLean Day Schools settlement, they may still be eligible for a additional compensation under the Day School Regulation if they have not done so. have already been compensated for the same school years they attended as an extern, according to the claim website.
Who does this not include?
This settlement is separate from the Federal Day Schools settlement, the claims process for which ends on July 13, 2022.
The day school regulations also do not affect the band group, a claim that must be taken to court, the Indian Pensions Schools Day Scholar website says.
The Band Group is made up of over 100 First Nations who have chosen to be part of the class action, including Deninu K’ue First Nation, Lutsel K’e Dene First Nation, Liidlii Kue First Nation, Deh Gah Got’ie, Smith’s Landing First Nation, Nahanni Butte Dene Band, Deline First Nation and Katlodeeche First Nation.
The settlement does not include serious sexual or physical abuse against residential school survivors.
Day schools were eligible for compensation for serious sexual or physical abuse suffered at the residential school through the independent assessment process of the Indian Residential Schools Settlement Agreement.
Claimants who have questions about the settlement can call Deloitte LLP, the Claims Administrator, at 1-877-877-5786 or visit www.dayscholarsclaims.com.
For free legal advice or help filling out the claim form, claimants can call 1-888-222-6845, email email@example.com, or visit www.justicefordayscholars.com.
Applicants suffering from emotional distress can contact the Hope for Wellness helpline for free crisis counseling and intervention services at 1-855-242-3310, or visit www.hopeforwellness.ca.