The federal Indian Day School Class Action Settlement Agreement is open to survivors to apply for compensation.

The Canadian government opened the first federal Indian Day School in 1920. The late Garry MacLean started a class action against Canada in 2009 for survivors who attended these schools as they were left out of the Indian Residential School Settlement Agreement.

Survivors can check the list of Indian Day Schools and their active years to see if they are eligible for the class action.

Being a part of the class action means you cannot sue Canada for anything related to the federal Indian Day Schools. However, to opt out of the settlement, you would have needed to fill out an opt-out form by November 18, 2019.

Any eligible person who did not fill out the opt-out form is automatically part of the settlement.

 

Deadline to apply for compensation

To receive a settlement through the class action, survivors need to fill out and submit their claim form before July 13, 2022.
Note: A six-month extension is available upon request.

 

Settlements

  • There is a scale of Class 1-5 that each applicant needs to use to rate the traumas they incurred.
  • If approved, the rating determines how much money each person receives for compensation, ranging from $10,000 up to $200,000.
  • Settlements have been awarded as the claim forms have been received.
  • Survivors will not need to wait until after July 13, 2022, to receive their compensation.
  • If a survivor receives compensation for a level lower than selected, they can ask the claims administrator to reconsider, however, they may need to provide more information.

 

Helpful resources

If you needs help filling out your claim form, there is a helpful video on the Federal Indian Day School Class Action website.

Gowling WLG (1-844-539-3815) is providing free legal counsel to assist with filling out forms if needed.

The First Nations Family Advocate Office (FNFAO) in Winnipeg also has a staff member on hand to assist survivors with filling out their forms. Contact the FNFAO by phone at 204-957-8450.