On August 19, 2019, the Federal Court approved a nation-wide class settlement to compensate Day School survivors for harms suffered while attending Federal Indian Day Schools and Federal Day Schools.
The settlement will also allow the estates of survivors who have died from July 31, 2007, to make claims.
Federal Indian Day School survivors who agree with the settlement do not need to take any action at this time.
Elements of the Settlement Agreement
- Compensation ranges from $10,000 for harms associated with attending a Federal Indian Day School or Federal Day School to $200,000 for repeated sexual abuse and/or physical assault leading to long-term injury. Eligible Class Members will receive a payment reflecting the most severe harms they suffered while attending an Indian Day School, irrespective of the number of schools attended.
To be eligible for direct compensation, a person must have attended at least one of the Federal Indian Day Schools or Federal Day Schools funded, managed, and controlled by Canada and listed on Schedule K of the agreement.*
- A $200M Legacy Fund to support commemoration projects, health and wellness programs, education, language and culture initiatives for communities will be created. These funds will be administered by the McLean Day School Settlement Corporation.
When can survivors apply for compensation?
Claims for compensation will begin to be processed 120 days from August 19, 2019, subject to any legal appeals that are brought forward.
Information about how to apply for compensation is not yet available. More information is expected in the coming weeks.
Can survivors opt out of the Settlement Agreement and pursue their own legal action?
Beginning August 19, 2019, Class Members will have 90 days to opt out of the settlement, if they so choose. Opting out is a serious and permanent decision. Those who opt out will not receive compensation from this settlement, but they will retain the right to bring their own individual claim against Canada for harms suffered, if they wish to do so. Anyone choosing to opt out must complete and submit an Opt Out Form by November 18, 2019.*
*For more information about the Federal Indian Day School settlement, including the list of eligible schools on Schedule K, forms for opting out and where to send them, and answers to other questions you may have, please go to the official Federal Indian Day School Class Action website.