Survivors of 5 N.W.T. Indian Residential School can apply for $10K in compensation

• NOTE: An earlier version of this story said that descendants of Indian Residential School day scholars could apply for $10,000 in compensation. In fact, relatives and descendants can only apply in cases where the day scholar is deceased, no estate is appointed and they are the highest priority heir. Descendants will be able to apply to the $50 million revitalization fund, which has yet to be established. Find more claim information and forms athttps://www.justicefordayscholars.com/.

Survivors of Indian Residential Schools who attended during the day, but did not sleep there,can apply for $10,000 in compensation as a result of a settlement following a class-action lawsuit.

In 2012, the Tk'emlps te Secwepemc and shshlh Nation launched the class action lawsuit on behalf of people who attendedIndian Residential Schools during the day, but went home at night arguing that attending residential school destroyed their language and culture, violated their rights and caused psychological harm.

A settlement was reached and then approved by the Federal Court last September.

The settlement includes $10,000 in compensation, which survivorscan apply for. For the descendant class and survivors, there is a$50-million fund for healing initiatives, education and support for language, culture, heritage and commemoration activities.

The fund isstill being established and will be administered by a non-profit society, states anotice on the settlement.

The day scholar settlement claims process opened on Jan. 4, 2022.

An estimated 12,000 to 20,000 Indian Residential School day scholarswere alive in May 2005.

Who is eligible?

People who attended Indian Residential School during the day but did not sleep overnight can apply for $10,000.

If a day scholar died on or after May 30, 2005, the estate of a deceased day scholar can submit a claim, or if there is no estate appointed, the highest priority heir can submit a claim on behalf of the deceased.

Descendantsare not otherwise eligible for the $10,000 Day Scholar compensation payment, though theycan apply for funding from the Day Scholars Revitalization Fund once it is established.

The deadline to submit a claim is Oct. 4, 2023.

Details of experiences at the school are not required.The application form requires informationsuch asthe dates applicants attended the schools.

Applicants must also upload one piece of ID, or fill out a declaration signed by a witness.

Which schools are included in the settlement?

The settlement lists the schools known to have or which may have had students who attended Indian Residential School during the day who did not sleep there.

Within the N.W.T., there are five schools:

• Aklavik (Immaculate Conception), open from July 1, 1926 to June 30, 1959
• Aklavik (All Saints), open from Aug. 1, 1936 to Aug. 31, 1959
• Fort Providence (Sacred Heart), open from Jan. 1, 1920 to June 30, 1960
• Fort Resolution (St. Joseph's), open from Jan. 1, 1920 to Dec. 31, 1957
• Hay River (St. Peter's), open from Jan. 1, 1920 to Aug. 31, 1937

Do those who were compensated in the 2006 Indian Residential Schools settlement agreementqualify for this settlement?

Many children who suffered harms attending Indian Residential School during the daywere excluded from the 2006 Indian Residential Schools Settlement Agreement and could not access the common experience payment in that settlement, which was $10,000 for one year of living at residential school and $3,000 for each following year.

For those who have already received a common experience payment under the Residential Schools Settlement Agreement, orare eligible for compensation under the McLean Day School Settlement, they could still be eligible for additional compensation under the Day Scholar settlementif they haven't already been compensated for the same school years they attended as a day scholar, according to the claim website.

Who does this not include?

This settlement is separate from the Federal Day School settlement, which has a claim process ending on July 13, 2022.

Thesettlement also does not affect the Band Class, a claim which is to be brought to trial, the Indian Residential Schools Day Scholar website states.

The Band Class is made up of over 100 First Nations that chose to be part of the class action, including Deninu K'ue First Nation, Lutsel K'e Dene First Nation, Liidlii Kue First Nation, Deh Gah Got'ie First Nation, Smith's Landing First Nation, Nahanni Butte Dene Band, Deline First Nation and Katlodeeche First Nation.

The settlement does not include sexual or serious physical abuse against Indian Residential School survivors.

Students were eligible to apply for compensation for sexual or serious physical abuse endured at residential schoolthrough the Independent Assessment Process of the Indian Residential Schools Settlement Agreement.

Contacts

Claimants who have questions about the claim form or how to apply can phone Deloitte LLP, the claim administrator, at 1-877-877-5786or visit www.dayscholarsclaims.com.

For legal advice (at no cost), questions about the settlement, or help determining if you are eligible, applicants cancall 1-888-222-6845, email dayscholars@waddellphillips.ca, or visit www.justicefordayscholars.com.

Claimants experiencing emotional distress can contact theHope for Wellness Help Line for free counselling and crisis intervention servicesat1-855-242-3310, or visit www.hopeforwellness.ca.