Indian Day School Claim Information
Back in 2009, a class action lawsuit had begun to fight for compensation from the Canadian Government, for damages and abuses suffered by all Indian Day School students.
On August 19th, 2019, the Federal Court approved the settlements to be paid to Indian Day School Survivors.
The settlement is divided up into two main parts, individual compensation, and the $200 Million Legacy Fund. The individual compensation is determined based on your experiences and abuse during your time in Indian Day School.
The Official Lawsuit Website states that, “Compensation ranges from $10,000 for harms associated with attending a Federal Indian Day School or Federal Day School to up to $200,000 for repeated abuse leading to long-term injury. Eligible Class Members will receive a payment reflecting the most severe harms they suffered while attending an Indian Day School, irrespective of the number of schools attended. “
This class action lawsuit has been approved for the following list of federal day schools.
Keep in mind, that by submitting your claim for this lawsuit, you give up any rights to sue in your own court case.
The next few sections cover some of the main parts of the Claim Form.
For more help completing your Claim Form, call the Gowling WLG Call Center at 1-844-539-3815.
Claimant and Witness Signatures
This part of the Claim Form (Part 3) requires signatures from both the claimant (You) and a witness. This just verifies that you agree to the terms and conditions stated on that page of the form. Your witness must see you sign the document, then sign it themselves with the required information. Your witness does not have to view any other part of the Claim Form, they only need to see the Claimant and Witness Signatures page.
Harm Levels for Claim
The settlement is organized and compensated based on the level of severity that the claimant (You) had experienced while attending a Federal Day School. Please be warned that this section may be difficult/triggering to complete for some. The first level (Level 1) is the minimum settlement amount that can be paid out, for the least amount of harm caused. The compensation increases based on the severity of harm the claimant (You) had endured.
In part 5 of your claim form, you will find a table that lays out the different levels of harm covered by the settlement. You must read through this part carefully, and ensure you choose the level which accurately depicts the most severe harm you have experienced at a Federal Day School.
For help with understanding this part of the claim form, you may reach out to the Gowling WLG Call Center at 1-844-539-3815 or contact a local representative.
On page 7 of your claim form, you will find the required supporting documents for each level of harm for your claim. Level 1 does not require any additional supporting documents. All levels of harm other than Level 1, must be accompanied by the supporting documents.
Your claim application lists a few required documents.
- Photocopy of Government Issued ID (Status Card, Driver’s Licence, BCID, etc.)
- Photocopy of Evidence of Attendance (Report Cards, Enrollment Forms, Class Photos, Letters From Teacher/Principal, Yearbook, etc.)
- Narratives/Stories of Events and Incidents (Family and Friend Narratives, Photographs, Diaries, etc.)
- Medical/Dental/Nursing/Therapy Records (Current or Past health records backing up your claim)
If for whatever reason you are missing one or more of the required documents, you can fill out the Sworn Declaration section with the help of a Guarantor.
The sworn declaration (Part 6 of the claim form), must be completed only if you are missing one or more of the required documents.
This part of the claim form is to be signed by both the claimant (You), and a guarantor. A guarantor can be any of the following people:
- Elected Official or Community Leader (Chief, Councilor, Inuit Community Leader)
- Other Professional/Official (Lawyer, Doctor/Physician, Accountant (CPA), Police Officer)
- Notary Public or Commissioner of Oaths
The guarantor must witness the claimant (You) sign the Sworn Declaration. It’s best if you both sign in the same room, at the same time.
Your guarantor does not have to view the rest of your Claim Form, they only need to view the Sworn Declaration page.
Retention of Claim Forms and Documents
The second to last page of the Claim Form has 3 check boxes you can choose from. This will let them know how you would like your records and documents to be handled once your application has been processed. The 3 options are as follows:
- Destroy (This means your records and documents will be destroyed once they are processed.)
- Return (Your records and documents will be returned to you by mail once they are processed.)
- Delivered to Legacy Fund (Your records and documents will be sent to the Legacy Fund for use in commemoration and wellness/healing projects.)
This decision is very much up to you (the claimant).
How will I receive my compensation payment?
The Settlement Agreement requires that payments will be made to each claimant by direct deposit or cheque. Please contact the Claims Administrator at 1 (888) 221-2898 for more details.
Where can I get help filling out my claim form?
The Law Firm responsible for managing this lawsuit, has provided a call center to help anyone with filling out their claim form.
Gowling WLG Call Center: 1-844-539-3815.
Or, you may come down to the Gitsegukla Band Office, and we will assist you the best we can.
Free Legal Advice
Gowling WLG offers free legal advice for claimants regarding their claims application. You may contact them with legal questions and inquiries regarding eligibility and harms experienced.
- Email: email@example.com
- Phone: 1 (844) 539-3815
The Lawsuit Website states that information sessions will be held in communities across the country to answer questions and provide information on the lawsuits.