Federal Indian Day School

We understand that Claimants are being approached for paid legal support by certain third party law firms (non-Class Counsel). Please note that any requested fee for services must be pursuant to Rule 334.4 of the Federal Courts Rules, 13.03 of the Settlement Agreement, and the Federal Court Order dated June 17, 2020.

What this means: Claimants can choose to retain their own lawyers; however, they will have to pay for non-Class Counsel legal fees and disbursements. Canada does not pay for the legal fees or disbursements of non-Class Counsel lawyers. Any fees or disbursements charged by a non-Class Counsel lawyer under a retainer or payment agreement must be approved by the Federal Court before the lawyer can require payment. Court approval is not intended to limit choice of counsel but to ensure that problems that developed in other class action settlements do not occur again. This includes the charging of unnecessary or unreasonable costs.

The retainer of non-Class Counsel must outline the consequences that a retainer with them will have on the usual duties and responsibilities owed by Class Counsel to the Claimant. By signing a separate retainer agreement and/or choosing to use a lawyer other than Class Counsel, the Claimant will be deemed to have given up their access to free legal services from Class Counsel and will be deemed to have released Class Counsel from their obligations to support that particular Claimant.

An Indian Day Schools Claims Assistance Program is currently being developed to provide in-person support in communities across the country to help Claimants complete Claim Forms. This assistance program will be organized by Argyle Communications Inc. (“Argyle”). Their role will be to create and execute a plan to safely and effectively reach as many Claimants as possible.

There will be a limited number of Community Assistance Sessions delivered, so Argyle’s Indian Day Schools (“IDS”) Claims Assistance Team is currently reviewing requests and developing a plan to safely and effectively reach as many Claimants as possible.

To request an in-person claims assistance session for your community, or to be provided with an update on the Claims Assistance Program progress, please contact the Argyle IDS Claims Assistance Team at information@IDScommunitysessions.com.

Additional Live Support Still Available

One-on-one support remains available from Class Counsel at 1-844-539-3815 . Additional assistance and information is also available through online Community Assistance Sessions. For more information click here.

If you have any questions regarding legal support, please call Class Counsel at 1-844-539-3815 or by email at dayschools@gowlingwlg.com.

On July 7, 2020, the Federal Court appointed Argyle Communications Inc. (“Argyle”) to assist in the delivery of Notice by implementing the Claimant Assistance Program. Effectively, Argyle will be organizing community visits and assisting Claimants, in-person, with their Claim Forms. Class Counsel will continue to be available to provide legal advice during these community visits – once travel recommences.  Details on this program will be posted in the coming months. Click here for the July 7, 2020 Court Order.

On July 10, 2020, the Federal Court appointed Reva E. Devins as the Independent Assessor for the Claims Process. Ms. Devins has served as an assessor in a number of class actions and has provided meditation and arbitration services since 1998. As the Independent Assessor, Ms. Devins will conduct independent reviews and assessments of claims after Reconsiderations are performed by the Claims Administrator and where elected by Claimants. The Independent Assessor may on occasion refer a claim to the Exceptions Committee. Decisions made by the Independent Assessor or the Exceptions Committee are final. Click here for the July 10, 2020 Court Order.

There is an update from the Claims Administrator with next steps for those who recently received a letter requesting additional information. If you receive such a letter:

1. Review the list of information needed to complete your submission in the Missing Information Form attached to your letter.
2. Contact Class Counsel at 1-844-539-3815 if you have questions about the documentary requirements.
3. Complete the “Missing Information” Form, sign and send it to the Claims Administrator.

Time estimates:

Please note, the Claims Administrator has posted the following update here concerning anticipated time estimates.

• Receipt of Claim: Please confirm with the Claims Administrator’s Call Centre, at 1.888.221.2898, that your Claim Form was received. The Claims Administrator is asking Claimants to wait 6 weeks from the time a Claim Form is sent to them before calling to confirm it has been received and registered into their system.
• Level 1 Claims: The Claims Administrator is reporting that it can take up to 6 months to review and approve a complete and eligible Level 1 Claim Form.  Eligible Claimants will receive a payment letter to confirm a claim has been approved.
• Level 2-5 Claims: After registering a Claim Form, the Claims Administrator sends it to the Government of Canada for review of eligibility. Canada has 60 days to review Levels 2-3, and 90 days to review Levels 4-5, starting from when the claim is received from the Claims Administrator. You will be notified by the Claims Administrator, in writing, when a claim has been sent to Canada for review. Once Canada’s review is complete, the Claims Administrator begins the process of substantively reviewing the claim. There is no set time period to do so. The Claims Administrator is reporting that, since each individual experience is being considered, some Level 2-5 claims may take up to 12 months for the entire review and approval process to be completed. Please note that Class Counsel does not have direct access to the Claim Form status details.

To avoid unnecessary administrative delay, for example due to incomplete Claim Forms, Claimants are strongly encouraged to carefully complete and take time to review their Claim Form before submitting it. If you would like one-on-one support filling out your Claim Form, please call Class Counsel at 1-844-539-3815 or email dayschools@gowlingwlg.com.

Claimants are strongly encouraged to carefully complete and take time to review their Claim Form before submitting it. If you would like one-on-one support filling out your Claim Form, please call Class Counsel at 1-844-539-3815 or email dayschools@gowlingwlg.com.

Claimants are reminded that the deadline to submit a Claim Form is July 13, 2022.

We encourage Class Members to follow these steps before submitting a claim:

1. Review the entire Claim Form, including the levels outlined in the Harms Grid, before getting started.
2. Review the Frequently Asked Questions page on indiandayschools.com and on the Claims Administrator’s page.
3. Watch our video that walks through the Claim Form step-by-step, and outlines what is required for each section. Gather the appropriate documents, if required.
4. Attend an online Claim Form Workshop where lawyers will walk through the Claim Form and answer any questions. Sign up for a workshop at indiandayschools.com.
5. Seek legal advice from Class Counsel at 1-844-539-3815 or by email at dayschools@gowlingwlg.com. We are here to review narratives, advise on level selection, and help fill out the Claim Form at no cost.

The Claims Process is designed for Claimants to submit their Claim Form and supporting information once. Class Counsel is available to help guide and advise Claimants through this process. Please call or email us if you require support.

Please note mental health counselling and crisis support is available to Class Members 24 hours a day, 7 days a week through the Hope for Wellness Hotline at 1-855-242-3310 or online at www.hopeforwellness.ca.

The Claims Administrator continues to accept and process all Claim Forms. Timelines for claims processing and payments are not expected to be impacted due to COVID-19. We recommend new claims be faxed or emailed at this time.

As part of Class Counsel’s ongoing response to COVID 19, Community Assistance Sessions will be delivered by video conference starting April 8, 2020. These sessions will provide Claimants with information about the Claims Process and how to complete the Claim Form.

All participants are encouraged to register for the session tailored to their region. The full Community Assistance Session schedule and registration links are available here.

In response to the pandemic outbreak of Coronavirus (COVID-19) Gowling WLG is cancelling all Community Assistance Sessions until further notice to prevent spread of the virus.

We recognize that many claimants are elders living in remote communities, and bringing everyone together creates a possible risk of exposure. Our team will continue to monitor the situation and we apologize for any inconvenience this may cause.

If you have any questions or would like to arrange video conference presentations and virtual legal support for your community, or would like one-on-one support filling out your Claim Form, please call Class Counsel at 1-844-539-3815 or by email at dayschools@gowlingwlg.com.

Survivors have been asking why information provided during the registration form process must be provided again with Claim Forms.

The registration form is independent from the claims process. Registration forms were only used to include Survivors within the class action as part of the opt-in process.

All Survivors are encouraged to complete a Claim Form for compensation and provide as much information as possible, including the narrative and any supporting documentation to verify level of compensation.

Click here for the claim form.

If you have any questions or require support through the claims process, please call the Claims Administrator at 1-888-221-2898.

We are hearing that Survivors are being contacted by individuals posing as representatives from Gowling or Deloitte and asking for Survivors‘ banking information. This is a scam.

Gowling and Deloitte are not asking for and do not need this information from you. In respect of the Indian Day School Claims Process, do not give out your personal banking information.

If you have any questions at all about compensation, please call Deloitte, the Claims Administrator, directly: 1 (888) 221-2898.