Question Period Note: McLean – Federal Indian Day Schools

• The mistreatment of Indigenous children is a tragic and shameful part of Canada’s history.
• The Court has approved the settlement agreement and the process has begun to compensate survivors.

• Thousands of Indigenous people who suffered harm at federally-run Indian Day Schools will have until July 13, 2022 to apply for long-awaited compensation.
• The settlement also includes an investment of $200 million to support healing, wellness, education, language, culture and commemoration.
• Canada is committed to reconciliation and we will continue to work with survivors.

Background
McLean is a certified national class action on behalf of Indigenous peoples (and their families) who attended a Federal Indian Day School, as defined by the Indian Act, between 1920 and ending on the date of closure of any particular Indian Day School, or the date on which management was effectively transferred from Canada.
An Agreement- in-Principle was reached on November 30, 2018. On March 12, 2019, Minister Bennett, along with representative plaintiffs, announced that a proposed settlement agreement has been reached.
On August 19, 2019 the Federal Court approved the settlement.

On October 31, 2019 a Motion for Leave to Appeal the Federal Indian Day Schools Settlement Agreement was filed with the Federal Court of Appeal by David Schultz on behalf of Chief Paul Émile Ottawa of the Atikamekw of Manawan. The appeal raises a number of issues including: deficiencies in the evidences filed by the parties to support the settlement agreement, that the claims period is too short, that the agreement lacks appropriate health supports and that class members have no right to specific legal counsel. Mr. Schultz’s appeal was filed after the October 30, 2019 appeal deadline. On December 11, 2019, the Federal Court of Appeals dismissed the motion.

The settlement implementation began on January 13, 2020 and class members will have 2.5 years to apply for compensation.

Claims Process
• The claims process is paper-based and does not require survivors to testify. It minimizes the burden on survivors and avoids the re-traumatization associated with a hearing.
• The claims process will not put day school survivors on trial. No one will be cross-examined or asked to defend their story.
• The process is designed to be quick and require minimal documentation that should already be in the possession of survivors or their family members.
• Survivors who require assistance with the claims process will be able to seek advice from the administrator, Deloitte, or class counsel, Gowling WLG, without charge.

Other Claims
• Our government is deeply committed to advancing reconciliation and healing.
• We are committed to righting past wrongs through negotiation rather than litigation and the proposed settlement agreement brings us one step closer to lasting and meaningful resolution to the legacy of Federal Indian Day Schools.
• We know that there are other Childhood Claims and we are actively working with parties, including the provinces, territories and Indigenous leadership, to resolve litigation in a respectful, compassionate and fair manner.