A lawsuit undertaken by two B.C. First Nations Bands seeking compensation for a few hundred residential school day students is the first step in an effort to represent thousands of people across Canada.
Chiefs from the Sechelt Indian Band (SIB) and Tk'emlups Indian Band spoke to reporters Wednesday morning about demands to compensate students who attended Indian residential schools during the daytime only.
Only those who lived in dormitories or suffered specific abuses were eligible under claims settled in 2008 with the federal government. Assembly of First Nations chief Shawn Atleo was also on hand for the announcement
"A lot of it is the loss of our culture and language," said SIB Chief Garry Feschuk. "They attended the same schools [as resident students] and went through the same abuses."
Lawyer Len Marchand Jr. said papers have not yet been filed and it has not been determined whether the suit will be filed in B.C. Supreme Court or Federal Court. The Kamloops lawyer was part of the legal team that settled the compensation agreement in 2008.
"The message is for no one to be left behind," said Atleo.
Also present was Stewart Phillip, head of the B.C. Union of Indian Chiefs.
About 340 people in the two Bands are affected by the most recent legal action. It will seek compensation for loss of language and culture.
Tk'emlups Band chief Shane Gottfriedson said the fact that only 10 per cent of members are speakers of the Shuswap language is a legacy of residential schools that affects all students, not just those who lived in dormitories.
The show of leadership behind the two Bands is a sign the Aboriginal groups are seeking more than to settle for their own members. Marchand said the Bands will seek to certify the lawsuit as a class proceeding to represent others across Canada. Potentially thousands of former students would be affected by the outcome and any potential settlement.
"It's anticipated more people will come forward," Gottfriedson said.
Gottfriedson advanced a motion at the Assembly of First Nations mandating the group co-ordinate political action to seek redress for day scholars, as they are called.
The common experience payment negotiated with Ottawa in 2008 provided $10,000 for the first year in a residential school, followed by $3,000 a year thereafter.
Money was also paid for commemorative activities and a truth and reconciliation commission.
"We'll be looking for something similar," Marchand said, adding efforts would also be sought to fund a healing foundation and for money to be paid to communities for other efforts.
Marchand said that deal was some 15 years in the making and came in the wake of a number of legal precedents.
"There was a lot of political pressure until Ottawa decided the right thing to do was to arrive at a national settlement," he added.
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