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.

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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 process is designed to be quick and require minimal documentation that should already be in the possession of survivors or their family members.
• If the administrator determines that the information provided by a claimant in the application form supports a higher level of harm than requested compensation will be provided at the higher level.
• Survivors who require assistance with the claims process can seek advice from the administrator, Deloitte.

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.
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.
Joan Jack Legal Fees

• As part of the Federal Indian Day School Settlement Agreement, Canada agreed to pay legal fees to Gowling WLG, counsel chosen by the representative plaintiffs.

• Any issue of unpaid legal fees should be resolved by Joan Jack and Gowling WLG. We encourage the parties to resume discussions to resolve this matter outside of the courts.

• The ongoing legal fees litigation will have no impact on the implementation of the Settlement Agreement. Former students can continue to apply for compensation and payments will continue to be made to eligible class members.