Claim Form and Process
About
Eligibility
Compensation
Legacy Fund
Schedule K – List of Federal Indian Day Schools
Opting-Out
| Collapse All Questions
Below are answers to some of the most commonly asked questions about the settlement. The Notice of Settlement Approval – Long Form contains even more detailed information, and we encourage everyone to review it carefully.
The Gowling WLG team is also here to help answer any questions you may have – and our support is free.
Claim Form and Process
For detailed information regarding the Claims Administration Process, please view the Claims Administrator FAQ document.
Q1: I have moved since registering, do I need to do anything to update my address before submitting my claim form?
Please include your current address on your Claim Form. There’s nothing further you need to do, although it is encouraged that you update your address with Gowling WLG if you have time afterward. You can do so by emailing dayschools@gowlingwlg.com.
Q2: I did not receive confirmation my Class Registration was received. Can I still complete my Claim Form?
Yes. You don’t have to be registered to complete a Claim Form.
Q3: If I am approved for compensation, how will I receive it? Will I be required to provide information about my bank account?
The Claims Administrator will issue payment to each eligible claimant by cheque ONLY. The cheque issued will be sent to the claimant’s address and in the claimant’s name. Claimants should not provide personal bank account information to anyone.
Please contact the Claims Administrator at 1 (888) 221-2898 for more details.
Please contact the Claims Administrator at 1 (888) 221-2898 for more details.
Q4: Will the Claim Form be emailed to me or available at my Band Office?
The best way to access a Claim Form is either to download it from the website www.IndianDaySchools.com or, if you would like it mailed to you, please call the info line: 1 (888) 221-2898.
Q5: How do I access records from doctors/dentists hired by Indian Affairs?
Medical, dental, nursing, or therapy records can be obtained from your healthcare provider. If you cannot access past records from a doctor or dentist hired by Indian Affairs, try getting a current record that documents the injury you suffered and any lasting effects to this day.
If you cannot obtain any medical, dental, nursing, or therapy records, you can provide a Sworn Declaration included on Part 6 of the Claim Form.
If you cannot obtain any medical, dental, nursing, or therapy records, you can provide a Sworn Declaration included on Part 6 of the Claim Form.
Q6: Is it possible to send a “draft” copy of claim form narratives for feedback/legal advice on what might be missing in narratives?
Yes. Legal counsel is available at no cost to help review and provide feedback on your narrative. Please call 1-888-221-2898 to speak with a member of our team who can help you.
Q7: What’s the difference between my Class Registration and my Claim Form submission?
Registering helps ensure our legal team can send you information and updates. The Claim Form is what you need to complete in order to be eligible for compensation. Everyone who wants to apply for compensation must complete a Claim Form, even if you already registered with Gowling WLG.
Q8: What if I also attended a Residential School and received a Common Experience Payment from the Residential School settlement? Can I still apply?
Yes. As long as you attended a Federal Indian Day school at some point, you would be eligible to apply for compensation under the proposed settlement.
Q9: Who may sign my claim form as an eligible guarantor?
- Notary Public or Commissioner of Oaths
- Elected Officials (e.g., Chief, Government Councilor, or Inuit Community Leader)
- Professionals including only the following professions:
- Lawyer
- Licensed medical doctor/physician
- Chartered Professional Accountant
- Police officer
- Registered social worker
- Psychologist/Psychiatrist
- Pharmacist
- Teacher (primary or secondary)
- Indian Registration Administrator
- Registered Nurse
- Registered Clinical Counsellors
- Registered Occupational Therapist
- Peace Officers (including Border Service Officers, Correctional Officers)
- Gestionnaire financier autochtone accrédité
- Certified/Registered Accountants
- Indigenous/ Aboriginal Liaison Officer
- Federal or Provincial Court Judge or Justice of the Peace
About
Q1: What is the Federal Indian Day School settlement all about?
In 2009, Garry McLean launched a class action lawsuit against Canada to seek compensation for the harms suffered by Indigenous students forced to attend Federal Indian Day Schools and Federal Day Schools across Canada. Survivors of Day Schools were excluded from the Indian Residential Schools Settlement Agreement.
In August 19th 2019, the federal court approved a nation-wide class action settlement to compensate survivors for harms suffered while attending federally controlled Day Schools.
In August 19th 2019, the federal court approved a nation-wide class action settlement to compensate survivors for harms suffered while attending federally controlled Day Schools.
Q2: The term “Indian” is outdated, not inclusive, and even offensive. Why use it?
Using this word was not an easy choice, because we recognize that it has negative connotations for many people. Federal “Indian Day Schools” were created under Canada’s “Indian Act,” which applied to First Nations, Inuit, and Métis peoples. The schools, and their name, reflect the dark reality of Canada’s history with Indigenous peoples. This settlement sheds important light on that history.
Q3: What rights do I give up, if any, by agreeing to the settlement?
The settlement is now approved. If you do not opt out, then you will give up your right to bring an individual lawsuit against the Federal government for harms experienced as a result of attending a Federal Indian Day School or a Federal Day School. In return, you will be eligible for compensation for the most serious harm you experienced while attending a Federal Indian Day School or a Federal Day School, subject to meeting the requirements outlined in the Claim Form.
Nothing in the proposed settlement agreement prohibits you from bringing a suit against any other entity or organization for harms you experienced.
Nothing in the proposed settlement agreement prohibits you from bringing a suit against any other entity or organization for harms you experienced.
Eligibility
Q1: Who is eligible for the settlement?
To be eligible for compensation, survivors must have attended one of the identified Day Schools listed on the List of Federal Day Schools (Schedule K) and experienced harm. You can find the list of schools here.
Q2: Are deceased class members who attended a Federal Indian Day School or Federal Day School eligible for compensation?
While family members are not eligible to receive direct compensation, the estate of a late Class Member who died on or after July 31, 2007 can make a claim on behalf of the deceased. If the deceased has no will or executor, then a representative will need to be appointed. This process will depend on whether the deceased ordinarily resided on reserve or not.
Deceased lived on reserve
To start this process, you will need a copy of the Death Certificate. If the deceased claimant lived on reserve prior to passing away, we recommend you call the Regional Office in your area to be appointed as the Estate Administrator.
Regional Office Numbers – only for deceased who lived on reserve:
INAC Public Enquiries Contact Centre – This is a resource for estates of individuals who lived on reserve.
Representatives of estates should begin the estate administration process as soon as possible. The deadline to submit a Claim Form is July 13, 2022. If a Survivor passed away between July 31, 2007 and today, the estate of that person can make a claim on their behalf. If you have questions about the Claims process, please call us: 1-844-539-3815. Please note that Gowling WLG does not provide estate litigation advice to Class Members.
Deceased lived off reserve
If the deceased claimant lived off-reserve, the representative will need to be appointed as an executor or administrator. It may be that the local Public Trustee Office is already administering the deceased’s estate. You may wish to contact them before taking further steps. The appointment of an executor or administrator is a process governed by your local jurisdiction (i.e. provincial or territorial courts). You will need to start the appointment process with the court to become the estate executor or administrator. As Class Counsel for the McLean Day School Class Action, our role is to assist claimants in applying for compensation. We do not handle any estate disputes or estate litigation. Independent legal advice is recommended prior to taking steps to start a court process for the executor or administrator appointment.
Deceased lived on reserve
To start this process, you will need a copy of the Death Certificate. If the deceased claimant lived on reserve prior to passing away, we recommend you call the Regional Office in your area to be appointed as the Estate Administrator.
Regional Office Numbers – only for deceased who lived on reserve:
Atlantic Region
1-800-567-9604 OR 1-902-661-6200
Quebec
1-800-567-9604 OR 1-800-263-5592
Ontario
1-416-973-6234
Manitoba
1-800-567-9604
Saskatchewan
1-306-780-5392
Alberta
1-780-495-2773
British Columbia
1-604-775-7114 OR 1-604-775-5100
Northwest Territories
1-867-669-2500
Yukon
1-867-667-3888
INAC Public Enquiries Contact Centre – This is a resource for estates of individuals who lived on reserve.
Phone (toll-free): 1-800-567-9604
Representatives of estates should begin the estate administration process as soon as possible. The deadline to submit a Claim Form is July 13, 2022. If a Survivor passed away between July 31, 2007 and today, the estate of that person can make a claim on their behalf. If you have questions about the Claims process, please call us: 1-844-539-3815. Please note that Gowling WLG does not provide estate litigation advice to Class Members.
Deceased lived off reserve
If the deceased claimant lived off-reserve, the representative will need to be appointed as an executor or administrator. It may be that the local Public Trustee Office is already administering the deceased’s estate. You may wish to contact them before taking further steps. The appointment of an executor or administrator is a process governed by your local jurisdiction (i.e. provincial or territorial courts). You will need to start the appointment process with the court to become the estate executor or administrator. As Class Counsel for the McLean Day School Class Action, our role is to assist claimants in applying for compensation. We do not handle any estate disputes or estate litigation. Independent legal advice is recommended prior to taking steps to start a court process for the executor or administrator appointment.
Q3: Why does it only go back as far as July 31, 2007?
This was not an arbitrary date that was chosen by the parties, but rather based upon the original filing date of 2009, and the application of the general 2-year limitation period. The Indian Day School class action was filed in 2009 so the cut-off date is July 31, 2007 for this case.
Q4: I attended an Indian Day School, but I’m not sure who ran it. Am I eligible?
Some Day Schools were run by entities other than the Federal government, for example by provincial governments. This settlement only applies to those who attended Federally-run and operated schools. To find out if your school was Federally-operated, please review the list of approved Day Schools (Schedule K) or contact Gowling WLG directly.
Q5: What if I objected to the terms of the settlement before the settlement was approved? Am I still eligible for compensation?
Yes. Even if you objected to the settlement you are still eligible for compensation. Objecting is not the same as opting out.
Opting out means choosing to remove yourself from the Class. Those who choose to opt out will receive no compensation under this settlement. They will however retain the right to bring their own action against Canada for harms suffered while in a Federal Indian Day School or a Federal Day School should they so wish.
If you have any questions, please call Class Counsel directly or at the following toll-free phone number: 1 (844) 539-3815.
Opting out means choosing to remove yourself from the Class. Those who choose to opt out will receive no compensation under this settlement. They will however retain the right to bring their own action against Canada for harms suffered while in a Federal Indian Day School or a Federal Day School should they so wish.
If you have any questions, please call Class Counsel directly or at the following toll-free phone number: 1 (844) 539-3815.
Compensation
Q1: Are Level 1 payments made on a “first come, first served” policy? Are all payments made on a “first come, first served” policy?
There is no such policy. The amount of money set aside for eligible Level 1 claims is based on data about the total number of students who are believed to have attended eligible Federal Indian Day Schools. The data was reviewed by an independent expert and made available to the Federal Court for approval to safeguard that funds be available for anticipated Level 1 claims. The Federal Court accepted this approach to Level 1 payments and approved the settlement.
Payments of Level 2 to 5 claims are made by Canada to the Claims Administrator after approval.
Payments of Level 2 to 5 claims are made by Canada to the Claims Administrator after approval.
Q2: What does the settlement include in terms of compensation?
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.
The settlement recognizes that harm was experienced not only by individual people, but also by families and whole communities. That is why it also includes a $200M Legacy Fund to support commemoration projects, health and wellness programs, as well as language and culture initiatives for Indigenous communities.
The settlement recognizes that harm was experienced not only by individual people, but also by families and whole communities. That is why it also includes a $200M Legacy Fund to support commemoration projects, health and wellness programs, as well as language and culture initiatives for Indigenous communities.
Q3: How long will people have to apply for compensation?
Eligible Class Members with have two and a half (2.5) years to apply for compensation.
Q4: When can I expect to receive compensation?
Survivors will be able to apply for compensation; however, compensation will not be issued until after the implementation date. Claims for compensation will begin to be processed for compensation 120 days from January 13th, 2020.
Once the claims process has started, Class Members will have two and a half (2.5) years to complete the Claim Form. To be eligible for compensation, Survivor Class Members must have attended one of the identified Day Schools listed on Schedule K.
Once the claims process has started, Class Members will have two and a half (2.5) years to complete the Claim Form. To be eligible for compensation, Survivor Class Members must have attended one of the identified Day Schools listed on Schedule K.
Q5: How do I make a claim for compensation?
Survivors will be able to apply for compensation; however, compensation will not be issued until after the implementation date. Claims for compensation will begin to be processed from January 13th, 2020.
The Claim Form is available for review here or by contacting Gowling WLG. Right now, we encourage people to review the Claim Form and requirements. Information about how to make a claim will become available on this website in the coming weeks.
Once the claims process has started, Class Members will have two and a half (2.5) years to complete the Claim Form.
As a reminder, to be eligible for compensation, Survivor Class Members must have attended one of the identified Day Schools listed on Schedule K. Claim forms will be available in English and French.
The Claim Form is available for review here or by contacting Gowling WLG. Right now, we encourage people to review the Claim Form and requirements. Information about how to make a claim will become available on this website in the coming weeks.
Once the claims process has started, Class Members will have two and a half (2.5) years to complete the Claim Form.
As a reminder, to be eligible for compensation, Survivor Class Members must have attended one of the identified Day Schools listed on Schedule K. Claim forms will be available in English and French.
Q6: What is the Implementation Date?
The Implementation Date is the date on which portions of the Settlement Agreement related to compensation go into effect. Eligible claimants will receive compensation after the Implementation Date.
The Implementation Date is January 13, 2020.
The Implementation Date is January 13, 2020.
Q7: Will the Claims Process be complicated or difficult?
The claims process is designed to be simple and easy for people to use. It will avoid retraumatizing survivors. Survivors will not be cross-examined or put on the stand and questioned about their stories. The basic Claim Form is fairly short. Some additional information and documents are required to support claims for higher levels of compensation, but those who cannot obtain documents can provide a Sworn Declaration included on the Claim Form.
The Claim Form will be available in English and French.
Class Members can receive assistance completing their Claim Form, at no cost to them, by calling the Gowling WLG call center at 1-844-539-3815. Further, Class Counsel is currently working with the Claims Administrator, Deloitte, to schedule a series of information sessions in communities across the country. A list of information sessions will be available on this website in the coming weeks.
The Claim Form will be available in English and French.
Class Members can receive assistance completing their Claim Form, at no cost to them, by calling the Gowling WLG call center at 1-844-539-3815. Further, Class Counsel is currently working with the Claims Administrator, Deloitte, to schedule a series of information sessions in communities across the country. A list of information sessions will be available on this website in the coming weeks.
Q8: What is a Sworn Declaration? Do I need to submit one?
A Sworn Declaration is a signed statement made by you that the information that you provided in your Claim Form is true to the best of your knowledge. The statement is also signed by a Guarantor. A Sworn Declaration is found at Part 6 of the Claim Form.
Guarantors can include Notary Public or Commissioner of Oaths, a Chief, Councillor, or Inuit Community Leader, lawyers, doctors/physicians, accountants or police officers. The Guarantor is only required to see you sign the Sworn Declaration. The Guarantor is not required to read the Sworn Declaration or verify the accuracy of the events described by you.
You are only required to complete a Sworn Declaration if you are missing one or more of the required documents in support of your claim for compensation. More information on these documents can be found in the Claim Form.
Guarantors can include Notary Public or Commissioner of Oaths, a Chief, Councillor, or Inuit Community Leader, lawyers, doctors/physicians, accountants or police officers. The Guarantor is only required to see you sign the Sworn Declaration. The Guarantor is not required to read the Sworn Declaration or verify the accuracy of the events described by you.
You are only required to complete a Sworn Declaration if you are missing one or more of the required documents in support of your claim for compensation. More information on these documents can be found in the Claim Form.
Q9: How will compensation be distributed?
A Claims Administrator will be responsible for distributing individual compensation to Survivor Class Members.
Claims for compensation will begin to be processed for compensation from January 13, 2020. Compensation will not be issued until after the implementation date. More information will be available in the coming weeks.
Please do not send Class Counsel your banking information. Compensation under the Settlement will flow directly from the Claims Administrator to the Class Member/claimant.
Claims for compensation will begin to be processed for compensation from January 13, 2020. Compensation will not be issued until after the implementation date. More information will be available in the coming weeks.
Please do not send Class Counsel your banking information. Compensation under the Settlement will flow directly from the Claims Administrator to the Class Member/claimant.
Q10: Will my compensation be taxed or have an impact on insurance payments, pensions, social assistance, etc.?
Social Benefits
The Settlement Agreement provides that there should not be an impact on benefits including social assistance, OAS, and CPP. (See 5.06 of Settlement Agreement)
The Government of Canada has committed to working with provincial and territorial governments, and federal departments to ensure that any payment that claimants receive will not affect the amount, nature, or duration of any social benefits received. Similar efforts were successful with respect to the Indian Residential School Settlement payments and we will continue to raise this issue with Canada.
Tax
Payments from this lawsuit are not taxable. Payments from the McLean Day School Class Action compensate for abuse and harms at Federal Day Schools. The Canada Revenue Agency (“CRA”) makes it clear that litigation damages for personal injuries are not taxable income. Further, they will not impact social benefits.
Old Age Security and its Supplement
There will be no impact. The Old Act Security Act defines income in accordance with the Income Tax Act. Litigation payments for personal injury, including psychological harm, are exempt from the Canadian Revenue Agency’s definition of income.
The OAS pension is a monthly payment available to seniors aged 65 and older who meet the Canadian legal status and residence requirements. Low-income seniors are also eligible for the Guaranteed Income Supplement which is added to OAS. Neither will be impacted.
CPP (Pension)
There will be no impact. Eligibility for CPP is based on age and contribution to CPP by working in Canada. It is not based on present income levels but contributions over the beneficiaries’ lifetime.
The Settlement Agreement provides that there should not be an impact on benefits including social assistance, OAS, and CPP. (See 5.06 of Settlement Agreement)
The Government of Canada has committed to working with provincial and territorial governments, and federal departments to ensure that any payment that claimants receive will not affect the amount, nature, or duration of any social benefits received. Similar efforts were successful with respect to the Indian Residential School Settlement payments and we will continue to raise this issue with Canada.
Tax
Payments from this lawsuit are not taxable. Payments from the McLean Day School Class Action compensate for abuse and harms at Federal Day Schools. The Canada Revenue Agency (“CRA”) makes it clear that litigation damages for personal injuries are not taxable income. Further, they will not impact social benefits.
Old Age Security and its Supplement
There will be no impact. The Old Act Security Act defines income in accordance with the Income Tax Act. Litigation payments for personal injury, including psychological harm, are exempt from the Canadian Revenue Agency’s definition of income.
The OAS pension is a monthly payment available to seniors aged 65 and older who meet the Canadian legal status and residence requirements. Low-income seniors are also eligible for the Guaranteed Income Supplement which is added to OAS. Neither will be impacted.
CPP (Pension)
There will be no impact. Eligibility for CPP is based on age and contribution to CPP by working in Canada. It is not based on present income levels but contributions over the beneficiaries’ lifetime.
Q11: What assistance will be provided to support me or my community in the Claims Process?
Class Counsel is committed to supporting Class Members through the Claims Process. Class Members can receive assistance completing their Claim Forms at no cost to them by calling the Gowling WLG call center at 1-844-539-3815.
Further, Class Counsel is currently working with the Claims Administrator, Deloitte, to schedule a series of information sessions in communities across the country. A list of information sessions will be available on this website in the coming weeks.
Mental health counselling and crisis support is available to Class Members 24 hours a day, 7 days a week through Hope for Wellness Hotline. Contact Hope for Wellness at 1-855-242-3310 or through their online chat at www.hopeforwellness.ca. Counselling is available in English, French, Cree, Ojibway and Inuktitut, on request.
Further, Class Counsel is currently working with the Claims Administrator, Deloitte, to schedule a series of information sessions in communities across the country. A list of information sessions will be available on this website in the coming weeks.
Mental health counselling and crisis support is available to Class Members 24 hours a day, 7 days a week through Hope for Wellness Hotline. Contact Hope for Wellness at 1-855-242-3310 or through their online chat at www.hopeforwellness.ca. Counselling is available in English, French, Cree, Ojibway and Inuktitut, on request.
Q12: Who decides what level of compensation I am eligible for under the Settlement?
On the Claim Form, you are required to identify which level of compensation you are seeking (i.e. Levels 1 to 5).
If you are an Eligible Class Member and have not previously been compensated for your attendance at a Federal Indian Day School or Federal Day School, the Claims Administrator will assess your Claim and approve a level of compensation in accordance with the Harms Assessment Grid.
If the Claims Administrator approves your claim for a lower level of compensation and you believe you are entitled to receive a higher level of compensation under the Harms Assessment Grid, you have the option to provide further information and to have your claim reconsidered. You will then be notified of the Claims Administrator’s reconsideration.
If the Claims Administrator confirms its initial assessment of a lower level of compensation, you will have the option of having your claim reviewed by a Third-Party Assessor. The decision of the Third-Party Assessor is final.
The Third-Party Assessor may occasionally refer a Claim to the Exceptions Committee for consideration. In these situations, the Exceptions Committee will make the final determination of your Claim.
If you are an Eligible Class Member and have not previously been compensated for your attendance at a Federal Indian Day School or Federal Day School, the Claims Administrator will assess your Claim and approve a level of compensation in accordance with the Harms Assessment Grid.
If the Claims Administrator approves your claim for a lower level of compensation and you believe you are entitled to receive a higher level of compensation under the Harms Assessment Grid, you have the option to provide further information and to have your claim reconsidered. You will then be notified of the Claims Administrator’s reconsideration.
If the Claims Administrator confirms its initial assessment of a lower level of compensation, you will have the option of having your claim reviewed by a Third-Party Assessor. The decision of the Third-Party Assessor is final.
The Third-Party Assessor may occasionally refer a Claim to the Exceptions Committee for consideration. In these situations, the Exceptions Committee will make the final determination of your Claim.
Q13: Can I sign a Claim Form for a family member who is applying for compensation?
To sign the Claim Form for another person, you must be appointed as their Personal Representative. A Personal Representative is appointed by a Court to manage or make reasonable judgements or decisions in respect of the affairs of the person under disability.
If you are acting as a Personal Representative, you must attach documentation to verify your eligibility to act on the Claimant’s behalf, including evidence that you have Power of Attorney of the Claimant’s finances.
Please visit https://www.aadnc-aandc.gc.ca/eng/1100100032357/1100100032361#chp7 for more information on how to become a Personal Representative of someone under disability.
If you are acting as a Personal Representative, you must attach documentation to verify your eligibility to act on the Claimant’s behalf, including evidence that you have Power of Attorney of the Claimant’s finances.
Please visit https://www.aadnc-aandc.gc.ca/eng/1100100032357/1100100032361#chp7 for more information on how to become a Personal Representative of someone under disability.
Q14: What if I’m not satisfied with the amount of compensation that I’m getting?
If you disagree with the amount of compensation as determined by the Claims Administrator, you can ask the Claims Administrator for a reconsideration of your claim. If, following the reconsideration by the Claims Administrator, you are still unsatisfied, you can refer your claim to a Third-Party Assessor.
More information on this process can be found in Schedule B of the Settlement Agreement.
More information on this process can be found in Schedule B of the Settlement Agreement.
Q15: Are there any fees or costs associated with participating in this settlement?
No. There are no legal fees or costs associated with applying for compensation. To be eligible for compensation, you must have attended one of the identified Day Schools listed on Schedule K. If you have questions, Gowling WLG is here to help for free.
Q16: How are the lawyers getting paid?
Canada has agreed to pay Class Counsel its legal fees and disbursements directly. The amount has been approved by the Court. Class Counsel fees are separate and apart from the compensation for survivors and for the Legacy Fund.
Q17: May I retain non-Class Counsel to assist with the submission of my IDS claim?
Class members can choose to retain their own legal counsel, however, they will have to pay for non-Class Counsel legal services, subject to court approval (see further details below).
Gowling WLG as Class Counsel provides legal and other services to class members free of charge under the approved IDS Settlement.
Gowling WLG as Class Counsel provides legal and other services to class members free of charge under the approved IDS Settlement.
Q18: If I use another lawyer, how do they get paid?
Class members choosing to use a non-Class Counsel lawyer may be asked to enter into a separate retainer/payment relationship with the lawyer of their choosing.
Any fees or disbursements charged by a non-Class Counsel lawyers under that retainer or payment agreement must be approved by the Federal Court before the lawyer can require payment. Court approval is intended not to limit choice of counsel but to ensure that some of the past problems with such retainers do not occur again.
Class members should require non-Class Counsel to provide evidence of the Court’s approval of their lawyer’s fees prior to paying the retainer (or other) amount to the lawyer.
Compensation allowed to the claimant class member by the Claims Administrator will be payable to the approved claimant by cheque only and will be mailed to the individual claimant. Payment of a non-Class Counsel lawyers once approved by the Federal Court will be a matter between the class member and the lawyer retained.
Any fees or disbursements charged by a non-Class Counsel lawyers under that retainer or payment agreement must be approved by the Federal Court before the lawyer can require payment. Court approval is intended not to limit choice of counsel but to ensure that some of the past problems with such retainers do not occur again.
Class members should require non-Class Counsel to provide evidence of the Court’s approval of their lawyer’s fees prior to paying the retainer (or other) amount to the lawyer.
Compensation allowed to the claimant class member by the Claims Administrator will be payable to the approved claimant by cheque only and will be mailed to the individual claimant. Payment of a non-Class Counsel lawyers once approved by the Federal Court will be a matter between the class member and the lawyer retained.
Q19: What is the impact of me retaining a non-Class Counsel lawyer on my later use of Gowling WLG as Class Counsel?
Any survivor class member retaining non-Class Counsel will effectively be releasing Class Counsel from any ongoing responsibilities to them. The retainer of non-Class Counsel must outline the consequences that a retainer with them will on the usual duties and responsibilities owed by Class Counsel to the class member.
By signing a separate retainer agreement and/or choosing to use a lawyer other than Class Counsel, the class member 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 class member.
By signing a separate retainer agreement and/or choosing to use a lawyer other than Class Counsel, the class member 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 class member.
Legacy Fund
Q1: What is the Legacy Fund?
The settlement includes a $200M Legacy Fund to support commemoration projects, health and wellness programs, “truth-telling” events and the restoration and preservation of Indigenous languages and culture (‘Legacy Projects’).
Q2: How do I apply for the Legacy Fund?
Grants will be made from the McLean Day Schools Settlement Corporation in response to proposals made. There will be guidelines and procedures put in place for the selection of organizations that apply for these grants. If an organization is given a grant, it will be responsible for carrying out a Legacy Project in its community.
The McLean Day Schools Settlement Corporation is now in the early stages of set up. The Corporation will soon develop and make available the guidelines and procedures for organizations to follow in applying for grants under the Legacy Fund. More information will be available in the weeks to come.
The McLean Day Schools Settlement Corporation is now in the early stages of set up. The Corporation will soon develop and make available the guidelines and procedures for organizations to follow in applying for grants under the Legacy Fund. More information will be available in the weeks to come.
Schedule K – List of Federal Indian Day Schools
Q1: What if I don’t see the school I attended on the list of eligible schools?
The list of eligible schools is now final. If you attended a school on this list, you are eligible to make a claim for compensation. As a reminder, the current list of schools can be found here: https://indiandayschools.com/en/documents/.
Q2: Do you have a list of which Day school(s) I attended?
Class Counsel does not have a list of the Federal Indian Day School(s) or Federal Day School(s) that you attended. If you are unsure about which school(s) you attended, we encourage you to speak to any family members, old classmates, or community workers who may know that information.
Q3: How can I differentiate a Federal and a Provincial Day school?
A list of Federal Indian Day Schools and Federal Day Schools can be found here.
If your school is not on the list, it is likely a Provincial Day School or another type of institution.
If your school is not on the list, it is likely a Provincial Day School or another type of institution.
Q4: Where can I locate my school records?
Evidence of attendance includes school records that you or a family member may already have, including report cards, class photographs, or letters from teachers or the principal. Institutional records, such as class lists or administrative documents are not required.
If you cannot obtain school records, you can provide a Sworn Declaration included on the Part 5F Claim Form.
If you cannot obtain school records, you can provide a Sworn Declaration included on the Part 5F Claim Form.
Q5: Where can I locate medical, dental, nursing or therapy records?
Medical, dental, nursing, or therapy records can be obtained from your healthcare provider. These records may include current or past health records that document the injury you suffered and any lasting effects to this day.
If you cannot obtain medical, dental, nursing, or therapy records, you can provide a Sworn Declaration included on Part 5F of the Claim Form.
If you cannot obtain medical, dental, nursing, or therapy records, you can provide a Sworn Declaration included on Part 5F of the Claim Form.
Opting-Out
Q1: There is a 90-day opt-out period. What does it mean if I choose to opt out?
Opting out is a serious and permanent decision. Those who choose to opt out will receive no compensation under this settlement. They will however retain the right to bring their own action against Canada at their own cost for harms suffered while in a Federal Indian Day School or a Federal Day School should they so wish.
Q2: What’s the difference between objecting and opting out?
Objecting is not the same as opting out. If you objected to the settlement you are still eligible for compensation.
Opting out means choosing to remove yourself from the Class. Those who choose to opt out will receive no compensation under this settlement. They will however retain the right to bring their own action against Canada at their own cost for harms suffered while in a Federal Indian Day School or a Federal Day School should they so wish.
If you have any questions, please call Class Counsel directly or at the following toll-free phone number: 1 (844) 539-3815.
Opting out means choosing to remove yourself from the Class. Those who choose to opt out will receive no compensation under this settlement. They will however retain the right to bring their own action against Canada at their own cost for harms suffered while in a Federal Indian Day School or a Federal Day School should they so wish.
If you have any questions, please call Class Counsel directly or at the following toll-free phone number: 1 (844) 539-3815.
Q3: If I am eligible for compensation and do not opt-out of this settlement, can I still sue a provincial or religious institution?
Yes. Nothing in the settlement agreement prohibits you from bringing a suit against a province, religious institution, or any entity, other than the Federal Government, for harms you experienced at a school run by them.
Q4: What if I have already started my own legal proceeding against Canada for harms I suffered while attending a Federal Day School? Am I still eligible for compensation under the terms of this settlement?
If you have started your own legal proceeding against Canada relating to its funding, control, and management of Day Schools and you do not discontinue it on or before the opt out deadline, November 18th, 2019, you will be considered to have opted out of the settlement. You will not be eligible to apply for compensation under this class action.
