On August 19, 2019, the Federal Court approved the Settlement Agreement in McLean v Canada, to compensate survivors for harms suffered while attending Federal Indian Day Schools and Federal Day Schools.
As part of the Approved Settlement, Canada will provide compensation to Eligible Class Members.
The settlement includes compensation for eligible Survivor Class Members ranging from $10,000 to $200,000 based on the level of harm experienced.
The settlement also includes the creation of a $200 million Legacy Fund to support commemoration projects, health and wellness projects, and language and culture initiatives.
Your Legal Rights and Options:
- Opt out – if you do not wish to participate, you must submit an Opt Out Form by November 18, 2019. If you choose to opt out, you will not receive compensation under the settlement;
- Make a claim for compensation – you must fill out an application form and provide it to the Claims Administrator by the claims deadline (2.5 years after the implementation date); or
- Deemed Opt Out – if you have commenced a legal proceeding against Canada relating to its funding, control and management of Day Schools and you do not discontinue it on or before November 18, 2019, you will be deemed to have opted out of the settlement and will not be eligible to apply for compensation under this class action.
*If you do not submit a Claims Form and/or you do not opt out of this class action, you will be deemed to have released Canada from liability; it is therefore important that you choose one of the two options above.
Claim Forms are available on the Class Action Website or by contacting Class Counsel.
Class Counsel is committed to providing free legal support to all Class Members throughout the Claims Process.
A copy of the Short Form and Long Form Notices, draft Claims Form and Schedule K can be obtained through the Indian Day Schools website or by contacting Class Counsel at 1 (844) 539-3815.
Class Counsel:
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, ON K1P 1C3
Toll Free: 1 (844) 539-3815
Fax: 1 (613) 788-3629
You are encouraged to read the documents located on the Indian Day Schools Website to see if you qualify for compensation. Copies of the documents are available for viewing at the WFN Administration Building. Any inquiries should be made directly to Class Counsel.