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:
- Toll-free: 1-888-221-2898
- Website: Indian Day Schools Class Action Claims Administration
- Email: indiandayschools@deloitte.ca
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.
On this page
What is included in the settlement agreement
The key elements of the Federal Indian Day Schools Settlement Agreement include:
- a minimum of $10,000 in individual compensation for harms associated with attendance at a Federal Indian Day School
- additional compensation for incidents of physical and sexual abuse, with amounts ranging from $50,000 to $200,000 based on severity of the abuses suffered
- $200 million in direct investment in the McLean Day Schools Settlement Corporation for legacy projects to support healing, wellness, education, language, culture and commemoration
- $55 million for legal fees
- $7 million for class counsel to support additional legal work on behalf of class members at no cost to the class members. Class counsel is committed to not seeking additional legal costs from payments made to class members so as to ensure that compensation intended for plaintiffs is preserved for them
- funding for administrative costs for a court-appointed third-party claims administrator to implement the agreement
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 to apply for compensation
The claims process is managed by a third-party administrator, Deloitte.
Applications alleging Harm Level 1 (general harm associated with attendance at a Federal Day School) are not required to provide an explanation or supporting documentation.
Applications alleging Harm Levels 2 to 5 (more serious harms such as incidents of physical or sexual abuse) are required to provide a written narrative and various types of supporting documentation, such as:
- report cards
- class photographs
- medical or therapy records
Should no supporting documentation be available, class members applying for Harm Levels 2 to 5 will be required to provide a Sworn Declaration signed by a witness in support of the allegations of abuse that occurred.
To avoid unnecessary delays in processing a claim, the Government of Canada reminds class members to carefully review their claim forms to ensure they are complete prior to submitting them to the claims administrator.
For comprehensive information on the settlement and claims process, class members should contact Deloitte, at:
- Toll-free: 1-888-221-2898
- Website: Indian Day Schools Class Action Claims Administration
- Email: indiandayschools@deloitte.ca
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.
Related links
- Federal Indian Day School settlement claims process now open
- Federal Court approves the Indian Day Schools settlement
- Amendments Made to Indian Day School Proposed Settlement Agreement to Address Survivors' Concerns
- Settlement Agreement reached for former students of Indian Day Schools
- Federal Indian Day Schools Health Support Services