Question Period Note: McLean – Federal Indian Day Schools

• Our government is committed to advancing reconciliation and healing for Survivors and their families through a survivor centered approach
• As of today, more than 186,000 claims have been accepted into the claims process and $5.9 billion has been provided to 150,200 survivors for the harms that they have suffered.
• Canada will continue to work with Survivors and Indigenous partners to advance reconciliation and support the healing and commemoration of those affected by the harmful policies of the past.

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If pressed on Claims Process
• The claims period for the Federal Indian Day Schools Settlement Agreement is now closed.
• Survivors were able to submit a claim, accompanied by an additional 2-page Extension Request Form, until January 13, 2023 to be considered for compensation.
• The parties are working collaboratively with the claims administrator to ensure the claims process moves forward in an efficient and timely manner.
If Pressed on Supreme Court challenge (Waldron)
• Canada is committed to resolving claims of this nature outside of the courts, wherever possible.
• Both the Federal Court of Canada and the Federal Court of Appeal have already released decisions dismissing the ability for Level 1 payment claimants to resubmit their claim and be re-assessed for a higher level of abuse.
• Canada respects both the Federal Court and Federal Court of Appeal decisions.

If pressed on the Six Nations Appeal (to extend the claims process)
• The settlement agreement–including the deadline–was approved by the Federal Court of Canada as fair, just and in the best interest of class members.
• Canada continues to work collaboratively with the claims administrator to ensure the claims process moves forward in an efficient and timely manner.

If pressed on documentation requirements
• Class members making a claim under Harms Levels 2-5 were required to provide a written narrative outlining the harms they suffered and depending on the level claims supporting documentation.
• These supporting records could include school records, additional narratives from family and friends and medical records.
• If claimants could not obtain the required supporting documentation they were required to provide a Sworn Declaration in support of the allegations being made. The statutory declaration was included in the claims form.

If pressed on Other Claims
• Our government is deeply committed to advancing reconciliation and healing.
• We are dedicated 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 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.
If pressed on Ineligible Claims
• The Federal Indian Day School Settlement Agreement was open to all former students who attended a Federal Day School and suffered harm as a result of their attendance.
• Individuals will only be found to be ineligible for compensation if they did not attend a school listed in Schedule K of the settlement, have already received compensation for their attendance in another proceeding, passed away prior to July 31, 2007, or opted out of the settlement.

If pressed on Reclassified Claims
• Some class members will receive a letter from the Claims Administrator notifying them that based on the information provided in their claim form, their claim has been assessed at a lower level than originally selected.
• This decision is NOT final and class members who receive a notification that their claim is being leveled down have 120 days to provide additional information and seek a reconsideration of that decision from the Claims Administrator.
• We strongly encourage class members to reach out to Class Counsel, Gowling WLG, for assistance with the reconsideration process.

If pressed on McLean Day Schools Settlement Corporation
• The Federal Indian Day Schools Settlement Agreement provided $200 million to the McLean Day Schools Settlement Corporation – an independent organization – for legacy projects to support commemoration projects, health and wellness programs, truth-telling events, and the restoration and preservation of Indigenous languages and culture.
• It is important to hear from survivors, their families, communities, and other key stakeholders in order to build trust and creditability around the distribution of funding.
• Canada supports the work that the McLean Settlement Corporation is undertaking.

If pressed on Health Supports
• Canada recognizes that any process that involves revisiting past abuse can be very difficult for survivors. Those affected by experiences with Federal Indian Day School, either direct or intergenerational, are able to access cultural, emotional, and mental health support services.
• In addition to the Non-Insured Health Benefits Programs and the hope for Wellness Help Line, health services are also available from psychologists, social workers, and skilled Indigenous community-based partners.

• Canada will continue to work with survivors and Indigenous partners to support the healing and commemoration of those affected by the harmful policies of the past.

If pressed on attempted fraud and scammers
• The parties are aware that scammers are targeting former students of Federal Indian Day Schools.

• Compensation through the Settlement Agreement is provided in the form of a cheque, issued in the class member’s name and mailed to the class member’s home address, unless a person is under disability, has retained non-class counsel to represent them or is the estate of a deceased class member.

• Canada encourages class members remain vigilant, beware of upfront fees, and to not give out personal information in order to not fall victim to scams.