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Federal Day School survivors are preparing a new class action lawsuit after they were excluded from the current class action settlement over allegations of abuse and other harm suffered by students attending Federal Indian Day Schools in Canada.
The Federal Indian Day School settlement and prior federal class action settlements do not include claims from students who attended more than 680 institutions, according to APTN News.
On Dec. 10, three members of a group called the Unvalidated School Society signed a retainer agreement with Cooper Regel, a law firm based in Alberta, to represent their group in the potential class action lawsuit.
The members of this group reportedly attended schools that were not found to be controlled by the federal government, and therefore were not included in the recent Federal Indian Day School class action settlement. The schools they attended were run by bands, provinces, churches, or were private residences, or hospitals that taught students.
The survivors in the Unvalidated School Society class action allege that they, like students who attended schools that were deemed to be controlled by the federal government, also suffered serious abuse. Alleged abuses include mental, physical and sexual abuse.
“We want the government to recognize what was done to us and honour our requests to get recognition and justice,” the society’s president George Munroe said.
“We will not forgive the people who abused us.”
The Unvalidated School Society class action is seeking compensation and an apology from the federal government.
Cooper Regel is asking potential Class Members of the new Day School Survivors lawsuit to fill out a questionnaire on their website so that the law firm can gain more information about who should be included in the class action lawsuit.
The law firm says it is taking an approach that will be as inclusive as possible so that it does not exclude schools that operated in ways that caused significant harm to students.
“We are talking about almost and possibly over 700 institutions and probably every province and territory in Canada,” attorney Steve Cooper told APTN News. “It is very significant.”
It is also possible that the Cooper Regal will apply to have additional schools added to the current Federal Indian Day School settlement if they find that they should qualify under the definitions set forth in the agreement.
Those who qualify as Class Members of that settlement may be eligible for as much as $200,000 in compensation. The payment amount depends on the type and severity of harm the claimant suffered.
In addition, the Federal Indian Day School settlement will create a $200 million Legacy Fund to support the health, culture and language of Indiginous communities.
The deadline to file a claim for the current Federal Indian Day School class action settlement is July 13, 2022. You can find out if you qualify for this settlement here.
Are you a Federal Day School survivor who was excluded from the settlement? Tell us your story in the comments below.
The Unvalidated School Society is represented by Cooper Regel.
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38 thoughts onExcluded Day School Survivors May Soon File New Class Action Against Canada
I was 4 years old when taken away from my parents and was almost 12 when i was released. I wS abused in many ways at ST.PATRICKS ORPHANAGE in P.A, SASK.PLEASE add me to your case.
The Northland School Division (NLSD) is funded provincially, approx. 13 if not more schools operated under this Division from approx. 1955 – present in Alberta. Are the children who attended these schools recognized to put claims in? Many instructors abused our Metis/Treaty children while in operation. Some instructors had no heart towards children.