Question Period Note: McLean – Federal Indian Day Schools

About

Reference number:
CIR-2021-10039
Date received:
Jul 22, 2021
Organization:
Crown-Indigenous Relations and Northern Affairs Canada
Name of Minister:
Bennett, Carolyn (Hon.)
Title of Minister:
Minister of Crown-Indigenous Relations

Suggested Response:

• The mistreatment of Indigenous children is a tragic and shameful part of Canada’s history.
• As of April 30, 2021, more than 110,000 claims have been received and over 68,000 survivors have received payments for individual compensation under the settlement.
• The settlement includes an investment of $200 million to support healing, wellness, education, language, culture and commemoration.
• 2020-21 Main Estimates provided the department $1,025 million in funding compared to $1,155 million in 2021-22. Therefore, the 2021-22 Main Estimates reflect an increase of $130 million.

Background:

N/A

Additional Information:

Claims Process (98 words):
• The court approved 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 (91 words)
• 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.

Ineligible Claims (75)
• The Federal Indian Day School Settlement Agreement is 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.

McLean Day Schools Settlement Corporation (80 words)
• 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.

Form Fillers (93 words)
• As per the terms of the Settlement Agreement, class members cannot be charged for any services rendered in assisting them to complete their claims form, including form filling, unless the Federal Court of Canada has approved these amounts. This includes both legal advice and form filling.
• Class members should report any individuals seeking to charge them money without having Court approval to class counsel, Gowling WLG, or the claims administrator, Deloitte, immediately.
• Class members that require assistance to complete their claims forms should reach out to class counsel, Gowling WLG, for free assistance.