The period to file a claim commenced January 13, 2020 and closed on July 13, 2022. A six-month extension was provided, which ended on January 13, 2023. The Claims Administrator is no longer accepting Claims Forms.
If you have received a request regarding missing information, submit missing information to the Claims Administrator as soon as possible.
If you are in the Reconsideration and Appeals process, Class Counsel is still providing support. To challenge a lower level assessment decision, you must submit a “Reconsideration” Decision Form to the Claims Administrator. You have 120 days from the date you received the Claims Administrator’s notice regarding the level assessment to request reconsideration of their decision.
Where applicable, you also have the opportunity to provide supporting information / documentation in relation to your level reconsideration request. If following the reconsideration by the Claims Administrator, you are still unsatisfied with the level assessment, you can request that your claim by reviewed by the Independent Assessor.
If you need further assistance, please contact Class Counsel.
Incomplete information in your Claim Form will lead to delays or even a possible ineligibility decision. You must submit any missing or clarifying information to the Claims Administrator as soon as possible.
Below is a list of common issues that lead to delays (or ineligibility) in the Claim Form review process:
- Estate claim is missing documents demonstrating that representative has legal authority to file claim on behalf of the deceased;
- Copy of ID is missing, unreadable, or the name on the ID does not match the name on the Claim Form;
- Address is incomplete (include P.O. Box, if applicable);
- School name and/or years of attendance is not on Schedule K. The Claims Administrator is seeking confirmation/additional information before it issues an ineligibility decision;
- Missing signatures and/or dates;
- Sign and date page 5 (Claimant and Witness) and, if applicable, page 12 (Claimant and Guarantor).
- Claimant and Witness signature dates must be the same. Same applies for page 12, Claimant and Guarantor dates of signature must be the same.
- Guarantor’s title must be on the approved list; click here for full list of eligible guarantors.
- Level of harm was not selected.
Contact the Claims Administrator at 1-888-221-2898 to see if your Claim Form is missing information.
If you submit a claim on behalf of a deceased class member who attended an eligible Federal Indian Day School and died on or after July 31, 2007, then you must include certain documents showing that you have legal authority to act on behalf of the deceased’s estate. The exact documents you will need to include will depend on a variety of factors, such as (i) if there was a valid will; (ii) whether the deceased normally resided on or off-reserve; (iii) if the reserve is subject to a modern treaty; and (vi) any applicable provincial/territorial laws. For a generic overview of the process of making a claim as an estate representative, please consult the Estate Infographic. For more information on what documents would have to be included with your claim depending on your situation, please read the FAQs on Estate Claims.
If you would like more information on filing a claim on behalf of a deceased class member, please contact Class Counsel at 1-844-539-3815 or email@example.com.
The Claims Administrator will NOT accept an Extension Request Form or Claim Form after January 13, 2023. If you are waiting to receive the required estate representative documents, Class Counsel strongly recommends that you submit the required forms (with a completed narrative) to the Claims Administrator as soon as possible. You can submit the required estate representative documents to the Claims Administrator as “missing information” when you receive them. Do not miss the deadline of January 13, 2023 because you are waiting for estate representative documents.
The Extension Request Form is now available for Class Members who have missed the July 13, 2022 claims deadline.
Note that Extension Request Forms and Claim Forms must be received by the Claims Administrator by January 13, 2023 at 11:59PM Pacific Standard Time (PST).
All requests for extension are reviewed by the Exceptions Committee and approvals are not automatically granted. Although we anticipate flexibility in processing an Extension Request Form, Class Members will need to identify a reason as to why they have been unable to file a claim by the July 13, 2022 deadline. Decisions by the Exceptions Committee are final. The Extension Request Form is available here or can be mailed/emailed by contacting Class Counsel at 1.844.539.3815 or firstname.lastname@example.org.
Class Counsel remains available to assist, free of charge, during the extension period. Mental health and wellness support also remains available through the Hope for Wellness Help Line at 1-855-242-3310 or the online chat at hopeforwellness.ca open 24 hours a day, 7 days a week.
About 150,000 people have filed their claims, which exceeds the third party actuarial estimates of 120,000 to 140,000 claims. That said, it was anticipated that some people will miss the claims deadline. The Settlement Agreement therefore provides a possible extension period of six (6) months – extending the deadline to January 13, 2023. This date is three (3) years from the start of the claims process and four (4) years from the publication of the court approved Settlement Agreement.
The Claims Administrator will release the Extension Request Form on or before July 13, 2022. Although we anticipate flexibility in processing an Extension Request Form, Class Members will need to identify a reason as to why they have been unable to file a claim by the deadline. The Extension Request Form will be available on indiandayschools.com and can be mailed/emailed by contacting Class Counsel at 1.844.539.3815 or email@example.com. Class Counsel remains available to assist, free of charge, during the extension period. Mental health and wellness support also remains available through the Hope for Wellness Help Line at 1-855-242-3310 or the online chat at hopeforwellness.ca open 24 hours a day, 7 days a week.
We will continue to monitor and consider the number claims as well as extension forms filed. In the interim, Class Members continue to be urged to file claims before the July 13, 2022 deadline.
Claimants have until July 13, 2022 at 11:59 pm PST to file a claim for compensation. The Claims Administrator must receive a completed Claim Form:
- by email or fax with an electronic system-generated date stamp of no later than July 13, 2022 at 11:59 PM PST; or
- by regular mail or courier postmarked by Canada Post or the courier service provider no later than July 13, 2022 at 11:59 PM PST.
Legal counsel is available, at no cost to you, to help review your narrative and assist with selecting the appropriate claim level. Please call 1-844-539-13815 to speak with a member of our legal team.
In support of Indigenous communities across Canada, Class Counsel encourages reflection to honour the victims of Indian Residential Schools and Indian Day Schools. The trauma and grief of these schools continues to be felt. If you need to talk, you can call the National Indian Residential School Crisis Line at 1-866-925-4419 or the Hope for Wellness Helpline at 1-855-242-3310 or, for online counselling support, visit hopeforwellness.ca.
Class Counsel would like to remind Claimants who have received Level Down assessments that they are able to apply for a Reconsideration through the Claims Administrator. We understand that receiving this decision might have taken a long time, but please know that timelines for Reconsideration responses are generally much shorter.
If you accept a Level Down assessment, it should take approximately 10-12 weeks to receive your cheque.
If you request a Reconsideration by the Claims Administrator, it should take approximately 12-14 weeks to receive a decision letter.
To discuss this with a representative or to receive advice in requesting a Reconsideration, please contact Class Counsel at 1-844-539-3815.
It is with deep sadness that we share the untimely death of our good friend, Garry McLean, who served as the lead plaintiff in this case since its inception. Garry was a fierce advocate for Indian Day School Survivors and their families. He worked tirelessly on their behalf. Even in his last few days, he remained engaged in the case and pushed for its progress.
We remain committed to helping Indian Day School survivors achieve justice for the harms they experienced. Garry has taught us much about this work being carried forward to resolution and reconciliation. We will miss his support, friendship, grace and gentle humour.
Some Claimants may be receiving a letter from the Claims Administrator about their Claim Form level assessment. These level assessment letters may indicate the narrative submitted demonstrates either a higher level or lower level when assessed against the Claim Form harms grid.
For those that have been assessed at a lower level, it’s important to know that this decision is not final. Claimants have 120 days from the time they receive the Claims Administrator’s notice to request a reconsideration of the assessed level. If you would like to request a reconsideration of a lower level assessment, it is highly recommended to reach out to Class Counsel for assistance at 1 (844) 539-3815.