About
Eligibility
Completing the Claim Form
Schedule K – List of Federal Indian Day Schools
Claim Form Process
Compensation
Estate Claims
Legacy Fund
Opting-Out
Collapse All Questions
|Helpful Resources
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 to Claimants. For detailed information regarding the Claims Administration Process, please review the Claims Administrator FAQ document.
About
Q1: What is the Federal Indian Day School Settlement all about?
On August 19, 2019, the Federal Court approved a nation-wide Class Action Settlement to compensate Claimants for harms suffered while attending federally established, operated, maintained, and controlled Day Schools.
Q2: The term “Indian” is outdated, not inclusive, and even offensive. Why use it?
Q3: What rights did I give up, if any, by agreeing to the settlement?
For clarity, nothing in the Settlement Agreement prohibits you from bringing a suit against any other entity or organization for harms you experienced.
Eligibility
Q1: Who is eligible under the settlement?
Q2: Are deceased Class Members who attended a Federal Indian Day School or Federal Day School eligible for compensation?
If the deceased Claimant had no will (naming an executor), then a representative will need to be appointed. This process will depend on whether the deceased Claimant ordinarily resided on reserve or off reserve.
For more information see subheading entitled “Estate Claims” below.
Q3: Why do estate claims only go back as far as July 31, 2007?
Q4: How can I apply on behalf of a deceased Claimant?
Please also see page 13 of the Claim Form. You will need to include the listed documents that confirm you have the authority to represent the deceased Claimant’s estate. Please take a photocopy of those documents and attach them with the Claim Form. Do not send original documents.
Q5: I attended an Indian Day School, but I’m not sure who ran it. Am I eligible?
Q6: What if I objected to the terms of the settlement before the settlement was approved? Am I still eligible for compensation?
Opting out means choosing to remove yourself from the Class. Those who chose to opt out by November 18, 2019, will receive no compensation under this settlement. They will, however, retain the right to bring their own action against Canada for harms suffered while attending a Federal Indian Day School or a Federal Day School should they wish to do so.
Completing the Claim Form
Q1: What types of government-issued ID can I submit with my Claim Form?
- Social Insurance Card
- Driver’s license Card
- Provincial/Territory Photo Card
- Passport
- Birth Certificate
- Old Age Security (OAS) Identification Card
- Firearms Possession and Acquisition License (PAL)
- Official Military ID
- Nexus Card
- Bring Your ID (BYID) Card (age of majority card)
- Permanent Resident Card
- U.S. State ID
- Certificate of Canadian Citizenship
- Indian Status Card:
- Certificate of Indian Status (CIS), or
- Secure Certificate of Indian Status (SCIS)
- Land Claim Beneficiary Card (Inuit)
- both sides your ID are photocopied
- the name and birthday on the ID match the name and birthdate on the Claim Form
- the ID is not expired
If you do not have any of the above forms of ID, please fill out a Sworn Declaration at Part 6 of the Claim Form.
Q2: Who can be the witness on page 5?
Q3: What if I attended more than two schools?
Q4: Do I only select one Claim level 'box'?
Q5: Can abuse suffered from other students be included in my Claim?
Q6: How should I document my experience in the narrative?
If you need help, we can also assist you in writing your narrative by telephone at 1-844-539-3815.
Mental health support is available 24 hours a day, 7 days a week through the Hope for Wellness Help Line. You can call at 1-855-242-3310 or connect with someone online at hopeforwellness.ca.
Q7: Are you, as Class Counsel, available to be a Guarantor?
- Border Service Officer
- Certified Aboriginal Financial Manager
- Certified/Registered Accountant
- Chartered Professional Accountant
- Commissioner of Oaths
- Correctional Officer
- Elected Officials (e.g., Chief, Government Councilor, or Inuit Community Leader)
- Federal or Provincial Court Judge or Justice of the Peace
- Indian Registration Administrator
- Indigenous/Aboriginal Liaison Officer
- Lawyer
- Licensed Medical Doctor/Physician
- Northern Villages’ Secretary Treasurer
- Notary Public
- Peace Officer
- Pharmacist
- Police Officer
- Psychologist/Psychiatrist
- Registered Clinical Counsellor
- Registered Nurse
- Registered Occupational Therapist
- Registered Social Worker
- Teacher (primary or secondary)
Q8: Where will Claim Forms eventually be stored after the process is over?
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?
Q2: Is it only the years listed for the schools on Schedule K that are eligible?
Q3: Do you have a list of which Day School(s) I attended?
Q4: How can I differentiate a Federal from a Provincial Day School?
Q5: Where can I locate my school records?
If you cannot obtain school records, you can provide a Sworn Declaration included on Part 6 (page 12) of the Claim Form.
Q6: What If I cannot find my school records?
Q7: Are school class photos sufficient proof to satisfy evidence of attendance?
Claim Form Process
Q1: What’s the difference between my Class Registration and my Claim Form submission?
Q2: I already sent in a Class Registration form. Do I still have 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?
Q4: Will the Claim Form be emailed to me or available at my Band Office?
Q5: How do I access records from doctors/dentists hired by Indian Affairs?
If you cannot obtain any medical, dental, nursing, or therapy records, you can provide a Sworn Declaration included on Part 6 (page 12) of the Claim Form.
Q6: Is it possible to send a “draft” copy of the Claim Form narrative for feedback/legal advice?
Q7: What if I also attended a Residential School and received a Common Experience Payment from the Residential School Settlement? Can I still apply?
Q8: Who is an eligible Guarantor that can sign the Sworn Declaration (Part 6 of the Claim Form)?
- Border Service Officer
- Certified Aboriginal Financial Manager
- Certified/Registered Accountant
- Chartered Professional Accountant
- Commissioner of Oaths
- Correctional Officer
- Elected Officials (e.g., Chief, Government Councilor, or Inuit Community Leader)
- Federal or Provincial Court Judge or Justice of the Peace
- Indian Registration Administrator
- Indigenous/Aboriginal Liaison Officer
- Lawyer
- Licensed Medical Doctor/Physician
- Northern Villages’ Secretary Treasurer
- Notary Public
- Peace Officer
- Pharmacist
- Police Officer
- Psychologist/Psychiatrist
- Registered Clinical Counsellor
- Registered Nurse
- Registered Occupational Therapist
- Registered Social Worker
- Teacher (primary or secondary)
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 for Levels 2 to 5. More information on these documents can be found in the Claim Form.
Q9: Why have community assistance sessions been canceled?
The health and safety of Claimants is our top priority. We recognize that many Claimants are elders living in remote communities, and bringing everyone together creates a possible risk of exposure.
It is important to remember that Claimants can still submit a Claim Form during this time. We have various supports available for filling out the Claim Form.
Q10: When will in-person community assistance sessions resume?
Q11: What mental health supports are available to people to assist them through this process?
You may also access ongoing mental health resources in your region. A listing of these services is available here.
Compensation
Q1: Is payment of compensation made on a “first come, first served” basis?
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 or Federal Day Schools. The data was reviewed by an independent expert and made available to the Federal Court for approval to ensure that funds will 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.
Q2: What does the settlement include in terms of compensation?
The settlement recognizes that harm was experienced not only by individual Claimants, but also by families and whole communities. That is why it also includes a $200 million Legacy Fund to support commemoration projects, health and wellness programs, and language and culture initiatives for Indigenous communities.
Q3: How long will Claimants have to apply for compensation?
Q4: When can I expect to receive compensation?
If you any questions about the status of your submitted Claim Form, you can reach the Claims Administrator, Deloitte, by calling the Claims Help Line at 1-888-221-2898.
Q5: How do I learn more information about filing a Claim Form to receive compensation?
- Phone: Claimants who have specific questions about the Claim Form can call the Claims Help Line at 1-888-221-2898. Claimants can obtain assistance in English, French, James Bay Cree, Inuktitut, and Ojibway.
- Facebook: We provide updates through our Facebook Group. The group is called “McLean Class Action on Indian Day Schools.”
- Website: Our website, www.IndidanDaySchools.com, has many resources. Claimants can:
- Register for a Zoom (video conference) Claim Form Workshop. During these sessions, we will walk Claimants through the Claim Form and answer questions live. Claimants can view the schedule of sessions and sign up here.
- Watch an educational video that walks Claimants through the Claim Form step by step. Currently it is available in English and French, and it will soon be available in certain Indigenous languages. The educational video can be accessed here.
- Review our tips and infographics about the Claim Form and process here.
Q6: What if I already sent in my Claim Form and I now want to amend it?
Please also note that Claimants may only submit one (1) Claim Form under the Claims Process.
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. Please take your time with your Claim Form.
Q7: Will the Claims process be complicated or difficult?
The claims process is designed to be culturally sensitive and attempts to avoid re-traumatizing Claimants. It is a paper-based process. It can be completed from the comfort of your own home. No travel is required. Claimants are not cross-examined or put on the stand and questioned about their stories. Moreover, legal services as well as one-on-one help to complete a Claim Form are provided at no cost to Claimants at 1-844-539-3815 or by email at dayschools@gowlingwlg.com. Note that some additional information and documents are required to support Claims for higher levels of compensation, but those who cannot obtain such documents can provide a Sworn Declaration, which is found at Part 6 (page 12) of the Claim Form.
Q8: What is a Sworn Declaration? Do I need to submit one?
Q9: Who is an eligible Guarantor that can sign the Sworn Declaration (Part 6 of the Claim Form)?
- Border Service Officer
- Certified Aboriginal Financial Manager
- Certified/Registered Accountant
- Chartered Professional Accountant
- Commissioner of Oaths
- Correctional Officer
- Elected Officials (e.g., Chief, Government Councilor, or Inuit Community Leader)
- Federal or Provincial Court Judge or Justice of the Peace
- Indian Registration Administrator
- Indigenous/Aboriginal Liaison Officer
- Lawyer
- Licensed Medical Doctor/Physician
- Northern Villages’ Secretary Treasurer
- Notary Public
- Peace Officer
- Pharmacist
- Police Officer
- Psychologist/Psychiatrist
- Registered Clinical Counsellor
- Registered Nurse
- Registered Occupational Therapist
- Registered Social Worker
- Teacher (primary or secondary)
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 for Levels 2 to 5. More information on these documents can be found in the Claim Form.
Q10: How will compensation be distributed?
It is important to know that Claim Forms are processed on a rolling basis. In other words, Claims will be reviewed as they are received. Eligible Claimants do not have to wait until the deadline of July 13, 2022 to receive compensation. If you any questions about the status of your submitted Claim Form, you can reach the Claims Administrator, Deloitte, by calling the Claims Help Line at 1-888-221-2898. Please do not send the Claims Administrator or Class Counsel your banking information. Compensation under the settlement will flow directly from the Claims Administrator to the Claimants.
Q11: Will my compensation be taxed or have an impact on insurance payments, pensions, social assistance, etc.?
The Settlement Agreement provides that there should be no impact on benefits including social assistance, OAS, and CPP (see section 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. 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 Indian Day Schools or Federal Day Schools. The Canada Revenue Agency makes it clear that litigation damages for personal injuries are not taxable income. Further, they will not impact social benefits.
Old Age Security (OAS) and Guaranteed Income Supplement
There will be no impact. The Old Age Security Act defines income in accordance with the Income Tax Act. Litigation payments for personal injury, including psychological harm, are exempt from the Canada 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 beneficiary’s lifetime.
Q12: What assistance is provided to Claimants?
- Phone: Claimants who have specific questions about the Claim Form can call the Claims Help Line at 1-888-221-2898. Claimants can obtain assistance in English, French, James Bay Cree, Inuktitut, and Ojibway.
- Facebook: We provide updates through our Facebook Group. The group is called “McLean Class Action on Indian Day Schools.”
- Website: Our website, www.IndidanDaySchools.com, has many resources. Claimants can:
- Register for a Zoom (video conference) Claim Form Workshop. During these sessions, we will walk Claimants through the Claim Form and answer questions live. Claimants can view the schedule of sessions and sign up here.
- Watch an educational video that walks Claimants through the Claim Form step by step. Currently it is available in English and French, and it will soon be available in certain Indigenous languages. The educational video can be accessed here.
- Review our tips and infographics about the Claim Form and process here.
Q13: Who decides what level of compensation I am eligible for under the Settlement? Can I “appeal” a decision?
If you are a Claimant 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 sets your claim at a lower level of compensation than you claimed in your claim form, you can ask the Claims Administrator for reconsideration of that decision. You will be able to provide additional information in support of the harm level that you claimed. If, following the reconsideration by the Claims Administrator, you are still unsatisfied, you can request that your claim be reviewed by the Independent Assessor.
The Independent Assessor may invite you to submit additional information in support of your claim before making a decision. The decision of the Independent Assessor is final. The Independent Assessor may on occasion refer a difficult or unique claim to the Exceptions Committee. The specific facts and circumstances of an individual claim will determine whether it is referred to the Exceptions Committee. A decision by the Exceptions Committee is final.
The Reconsideration and Independent Assessor process is not available to Claimants who seek to change his/her level selected after his/her Claim Form has been filed with the Claims Administrator. If you have further questions about your particular Claim, you can contact Class Counsel for guidance.
Q14: Can I sign a Claim Form for a family member who is applying for compensation?
If you are acting as a Personal Representative, you must attach documentation to verify your authority to act on the Claimant’s behalf, including evidence that you have Power of Attorney over the Claimant’s finances.
For First Nations, please visit here for more information on how to become a Personal Representative of someone under disability.
Q15: The Claims Administrator assessed my claim at a lower level than the one I selected. What should I do?
Upon receiving the letter, please read it carefully and review the reason(s) provided by the Claims Administrator as to why they assessed your claim at a lower level than you selected. You will have 120 days to submit your “Reconsideration” Decision Form, which is included in the letter, to the Claims Administrator along with additional information, if applicable. This form asks you to choose how you would like to proceed with your claim. You may either:
- accept the new level assessed by the Claims Administrator, or
- request a Reconsideration of your claim.
If, following the Reconsideration by the Claims Administrator, you are still unsatisfied, you can request that your claim be reviewed by the Independent Assessor.
The Independent Assessor may invite you to submit additional information in support of your claim before making a decision. The decision of the Independent Assessor is final. That said, the Independent Assessor may, on occasion, refer a difficult or unique claim to the Exceptions Committee. The specific facts and circumstances of an individual claim will determine whether it is referred to the Exceptions Committee. A decision by the Exceptions Committee is final.
The Reconsideration and Independent Assessor process is not available to Claimants who seek to change his/her level selected after his/her Claim Form has been filed with the Claims Administrator. If you have further questions about your particular claim, you can contact Class Counsel for guidance.
Q16: The Claims Administrator assessed my claim at a higher level than the one I selected. What should I do?
Upon receiving the letter, please read it carefully and take note of any additional information requested by the Claims Administrator. The letter will include a “Confirmation of Self-identified Level” Decision Form, which asks you to choose how you would like to proceed with your claim. You may either:
- remain at the level you selected on your Claim Form, or
- request that your Claim Form be assessed at a higher level than the level you selected on your Claim Form.
Class Counsel is available to provide free legal assistance to Claimants who require help in deciding how best to move forward with their claim. Please contact us at 1-844-539-3815 or email dayschools@gowlingwlg.com.
Q17: Are there legal fees or costs associated with participating in this settlement?
Q18: How is Gowling WLG getting paid?
Q19: May I retain non-Class Counsel to assist with the submission of my Claim?
As Class Counsel, Gowling WLG provides legal and other services to Claimants free of charge under the Settlement Agreement.
Q20: If I use another lawyer, how do they get paid?
Any fees or disbursements charged by a non-Class Counsel lawyer 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.
Q21: What is the impact of retaining a non-Class Counsel lawyer on my later use of Gowling WLG as Class Counsel?
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.
Q22: Has compensation been delayed due to COVID-19?
The Claims Administrator has started to issue payments for Claimants whose Claim Forms have been reviewed and approved. Claims are processed on a rolling basis. In other words, Claims will be reviewed as they are received. Eligible Claimants do not have to wait until July 13, 2022 to receive compensation. If you have any questions about the status of your submitted Claim Form, you can reach the Claims Administrator, Deloitte, by calling the Claims Help Line at 1-888-221-2898.
Q23: What if I don’t see my abuse listed in the Claim Form?
Estate Claims
Q1: What kind of support does Class Counsel offer for Estate claims?
Q2: What if the deceased Claimant lived on reserve?
- vital statistics death record or extract;
- church death certificate;
- coroner’s report;
- burial permit; or
- internment certificate.
10 Wellington Street
Gatineau QC K1A 0H4
or
Send to the ISC Regional Office (contact the Regional Office in the region where the individual died for appropriate address. See phone numbers below.)
or
By Email: aadnc.estates-successions.aandc@canada.ca
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
To apply to be appointed as the Estate Administrator, you will need (1) a copy of the Death Certificate and (2) to obtain a copy of the Application for Administration from your Regional Office. Once completed, send the Application for Administration to ISC. Due to the COVID-19 pandemic, some Regional Offices may be closed to walk-ins and there may be processing delays; timelines for processing estate matters vary by region.
When individuals contact ISC requesting to be appointed as an Estate Administrator, ISC may seek following information:
- your name and contact information (e.g., address, email, phone number);
- the full name, date of birth, date of death and registration number of the deceased (copy of the status card, if available);
- confirmation whether the deceased lived on or off reserve at the time of death;
- proof of death (see above); and
- confirmation whether the deceased had a will.
Q3: What if the deceased Claimant lived off reserve?
Representatives of estates should begin the appointment process as soon as possible. The deadline to submit a Claim Form is July 13, 2022. If a Claimant passed away between July 31, 2007 and today, the estate of that person can submit a Claim Form on their behalf. If you have questions about the Claims process, please call us at 1-844-539-3815. Please note, however, that Gowling WLG does not provide estate legal services to representatives.
Q4: Will Class Counsel assist with depositing of funds in an estate claim?
Q5: Why might my financial institution prevent the depositing of funds in an estate claim?
Q6: What happens if the Will in an Estate claim is incomplete?
Q7: Why might my financial institution hold the funds deposited by cheque?
- to make sure that the cheque is drawn on a valid account and that the person or company issuing the cheque has the money to cover it
- to make sure that the person or company issuing the cheque has not put a stop payment order on the cheque. (A stop payment order is placed on a cheque if, for some reason, the person or company issuing the cheque does not want it to be cashed.)
Legacy Fund
Q1: What is the Legacy Fund?
Q2: How do I apply for the Legacy Fund?
Please note that the McLean Day Schools Settlement Corporation is currently in its start-up phase and is working to develop the guidelines and procedures for organizations to follow in applying for grants under the Legacy Fund. More details about the Legacy Fund will become available after the Corporation has developed the applicable guidelines and procedures for Legacy Fund grant applications. The Corporation anticipates that it will be in a position to provide further guidance in Fall 2020; however, current timing is uncertain and subject to change as a result of COVID-19 developments.
Opting-Out
Q1: What happens if I chose to opt out of the settlement before November 18, 2019?
Q2: What’s the difference between objecting and opting out?
Opting out means choosing to remove yourself from the Class. Those who chose to opt out will not receive 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 wish to do so.