Last week, survivors of federally operated Indian Day Schools reached an agreement-in-principle with the government, which would include an undisclosed amount for individual compensation, $200 million for healing and culture, and legal fees.
Former student Garry McLean started the legal action in 2009, seeking compensation for damages and abuse suffered by Indigenous children who were forced to attend Indian Day Schools across Canada. These students had been excluded from the Indian Residential Schools Settlement Agreement.
Both of those suits differ from one that remains in active negotiations and which deals specifically with day scholars – children who attended Indian Residential Schools, rather than Indian Day Schools, but returned home at night.
“We are happy that the pain and suffering our brothers and sisters endured in day schools is being recognized and compensated. But I can’t help but feel angry and frustrated that once again we are being left behind,” Jo-Anne Gottfriedson, the Tk’emlúps day scholar coordinator and day scholar executive committee chair, said in a release.
The day scholars class action lawsuit was launched in 2012 by shíshálh Nation and Tk’emlúps Nation and certified in 2015. Lawyers are in active negotiations with Canada to reach a settlement. The next round of negotiations is scheduled for January 2019.
“Too many day scholars have already died waiting for justice,” said shíshálh Nation Coun. Selina August, adding, “When will the horrific wrongs done to us by Canada’s shameful residential school policy be recognized and made right?”
According to John Phillips, one of the lead lawyers on the day scholars lawsuit, the agreement-in-principle for the Indian Day Schools does not have any direct legal implications for the day scholar case.
According to the release, day scholars are one of the few remaining groups to seek compensation for their forced involvement in Canada’s residential school system. The lawsuit is the only one of its kind to include a “Band Class,” comprising the claims of 105 bands from across Canada and claiming compensation for cultural, linguistic and social damage done to the band itself as a result of Canada’s residential school policy.
