Residential school 'day scholars' can launch class-action lawsuit: court

Hundreds of First Nations' people left out ofresidential-school compensation will be allowed to collectively suethe federal government for their mistreatment.

The decision comes one day after theTruthandReconciliationCommission released a momentous report on the same school system.

Federal Court in Vancouver certified a class-action lawsuit onWednesday proposed by the former aboriginal studentsknown as "dayscholars," who attended the notorious schools but returned to theirhomes at night.

"When we phoned home and told them the news, I mean, ourplaintiffs were crying," said Jo-Anne Gottfriedson, with the
Tk'emlups te Secwepemc Indian band in the British Columbia Interior.

"Our journey is long, but we're prepared and I know that Canada,if they're really sincere about reconciliation, then theywill meetus in a good way."

The certification followed the work of the commission, which oversix years of hearings documented the traumatizing misconduct insideCanada's residential schools. The report branded the survivors'collective ordeal "cultural genocide" and made 94 recommendations.

Though the commission was a result of the largest class-actionsettlement in Canadian history, some aboriginals saidthey've stillnever received redress.

"The day scholars have for too long been left out of thediscussions," said Chief Calvin Craigan of the Sechelt IndianBandin a news release.

"Through this decision we have a strong signal from the courtthat day scholars count."

The new legal action was launched by two B.C. aboriginal bands,from which at least 300 survivors have so far been identified. Moreclaimants are believed to reside across Canada.

They're also seeking compensation for the children of survivorsand their member bands.

They want a declaration the government also failed to protectaboriginal language and culture for daytime-only students.

The federal government can appeal.

A spokeswoman for Aboriginal Affairs and Northern DevelopmentMinister Bernard Valcourt said in an email that officials willreview the court's decision and determine next steps.

'A point of closure'

Chief Shane Gottfriedson, of the Tk'emlups te Secwepemc band,said many band members bravely volunteered as representatives in thesuit.

"While the decision ... is just one step towards finallyreceiving justice, it is a very important one," he said in therelease.

Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefssaid testimony during the commission showed many abuses occurredduring the day, and he's elated by the court's ruling.

"I think it will be equally effective in assisting the dayscholar survivors to reach a point of closure in their equally
traumatic experiences," he said.

Preparations are now underway for the two First Nations' bands tonotify class members. They expect the outcome of any trial to bemonths or years away.