Are you part of the Federal Indian Day Schools class action

Learn about the Federal Indian Day Schools [McLean] Settlement Agreement.

Update

The claims process for the federal Indian Day Schools settlement is now open. Applications can be submitted until July 13, 2022. For more information on how to apply for compensation, please contact Deloitte, at:

Those affected by the trauma associated with their attendance at an historic Federal Indian Day School, or the ongoing process, will be able to access mental health and cultural support services in addition to crisis intervention services available through the Hope for Wellness Help Line. Hope for Wellness is available 24 hours a day, 7 days a week through the toll-free line 1-855-242-3310, or connect to the online chat Hope for Wellness.

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What is included in the settlement agreement

The key elements of the Federal Indian Day Schools Settlement Agreement include:

Who is eligible for compensation

The settlement agreement includes compensation for all persons who attended an Indian Day School that was established, funded, controlled and managed by the Government of Canada from January 1, 1920, until its date of closure or transfer from Canada's control and suffered harm as a consequence of their attendance.

As of January 2020, 699 federally operated Indian Day Schools have been identified as eligible under this settlement. A final list of schools is available in Schedule K of the agreement.

Family members will be eligible to benefit from healing and commemoration activities through the legacy projects.

How do you apply for compensation

The claims process is managed by a third-party administrator, Deloitte. For comprehensive information on the settlement and claims process, class members should contact Deloitte, at:

Applying on behalf of a family member

Family members are not eligible to receive direct compensation. However, a class member's estate can make a claim on behalf of someone who died on or after July 31, 2007, or has been diagnosed as incapable of managing their own legal or financial affairs.

If the deceased has no will or executor, then an estate administrator will need to be appointed. Indigenous Services Canada (ISC) can assist by appointing an administrator or executor for the estate of the deceased or dependent adult. Estate representatives should begin the process of estate administration as soon as possible to be able to file an application claim form within the 2.5-year claims period. If a person has passed away between July 31, 2007, and today, a claim can still be made on that person's behalf.

To find out more, visit Estate services for First Nations.

Applying on behalf of a deceased person or dependent adult

Appointed estate representatives can make a claim on behalf of a class member who died on or after July 31, 2007, or who has been diagnosed as incapable of managing their own legal or financial affairs.

Applying on behalf of a deceased person:
Estate representatives can make a claim on behalf of a class member who died on or after July 31, 2007. If the person lived on reserve prior to passing away, ISC can assist by approving the deceased's will and appointing the executor named in the will. If no executor was named in the will or the deceased did not have a will, ISC can appoint an estate administrator.

Applying on behalf of a dependent adult:
Estate representatives can make a claim on behalf of a class member who is a person under disability, otherwise known as a dependent adult. Under the Indian Act, a dependent adult is someone who has been diagnosed as incapable of managing their own legal or financial affairs by a doctor or other certified health professional, a capacity assessor or a court of law. A person under disability could include someone who has dementia or another medical condition that affects their mental capacity.

ISC can appoint a representative, usually a family member, to assume the role of property guardian for a person under disability. This means that the property guardian can help a person under disability with managing money, lands, debts and so on.

Estate representatives have until July 13, 2022 to file a claim.

What is the McLean Day Schools Settlement Corporation

The settlement provides $200 million for community-based legacy projects to support healing, commemoration, education, language and culture. This funding will be administered by the McLean Day Schools Settlement Corporation.

The corporation will make available in the coming weeks more information on the guidelines and procedures for organizations to apply for funding.

Background on the settlement agreement

The Government of Canada established and operated 699 Indian Day Schools, starting in 1920. It is estimated that close to 200,000 First Nations, Inuit, Métis and non-status Indian children attended a federally operated Indian Day School. Many students who attended these schools experienced trauma and, in some cases, physical and sexual abuse at the hands of persons entrusted with their care.

On March 12, 2019, Crown-Indigenous Relations Minister Carolyn Bennett, together with representative plaintiffs, announced a proposed settlement agreement to resolve the national Indian Day Schools class action (McLean et al v. Her Majesty the Queen) outside of the courts and find a lasting and meaningful resolution for former students of Indian Day Schools.

In response to concerns expressed by survivors, amendments to the proposed settlement were made, as announced on May 13, 2019.

The Federal Court approved the settlement agreement on August 19, 2019.

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