Question Period Note: Day Scholars at Indian Residential Schools (Gottfriedson)

• Our Government is working towards righting past wrongs, especially those involving Indigenous children, outside of the courts.
• We remain committed to negotiating a resolution outside of the courts, as we believe that negotiation is always preferable to litigation.
• We know that working collaboratively with Indigenous peoples to renew the relationship based on affirmation of rights, respect, co-operation and partnership is fundamental to achieving reconciliation.

Background
The Tk'emlúps te Secwépemc and Sechelt First Nation Bands in British Columbia filed a class action, which about 99 other First Nations, including the Grand Council of the Crees, have joined since filing. They are claiming compensation for cultural, linguistic and social damage under a compensation program for the day scholars who attended the schools, similar to the Common Experience Payment under the Indian Residential Schools Settlement Agreement.
While the parties had been actively negotiating the settlement of this file, the plaintiffs have chosen to return to litigation. As a result, the plaintiffs are seeking that the Federal Court order throw away costs they incurred during the exploratory discussions and negotiations, advance costs for the litigation, for Canada to file an amended Statement of Defence in line with the AGC’s Directive on Civil Litigation Involving Indigenous Peoples and an expedited trial timeline.
On February 14, 2019, on consent the Federal Court has ordered that Canada pay the plaintiffs approximately $1.4 million in throw away costs.
The Federal Court will hear class counsel’s motion on document database and disclosure fields on February 14, 2020. Canada will be disclosing all relevant documents, but takes issue with class counsel’s request for access to additional data entry fields that contain litigation privilege information. The Federal Court granted the class’ motion on March 20, 2020. While Canada has appealed the decision, officials are working with class counsel determine if a compromise can be reached to address the Federal Court’s ruling and avoid the need for an appeal.
The Federal Court has ordered that the hearing will begin on September 7, 2021. The Court has set aside 74 days to hear this matter.

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