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September 13, 2019
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September 18, 2019

Day School Class Action Settlement Update

September 17, 2019
Categories
  • Executive
Tags
  • Day Scholar
  • Day School
  • Residential School

Update for Moose Cree First Nation Members regarding the Day School Class Action Settlement

The Federal Court approved a nation-wide class settlement to compensate Survivor Class Members from harms suffered while attending an Indian Day School that was run by the Federal Government.  This Class Action will be handled by the Law Firm Gowling WLG. The compensation ranges from $10,000.00 to $200,000.00. There are five levels of compensation based on the level of harms an individual experienced. To be eligible for this compensation you must have attended at least one of the identified Indian Day Schools listed on Schedule K during the time it was operated and/or controlled by the Federal Government. The list of schools (Schedule K) is available on the Indian Day School website at www.indiandayschools.com.

INDIAN DAY SCHOOL CLASS ACTION:

A Survivor Class Member is an individual who attended an Indian Day School during the day and returned home after each day but did not reside/stay in a Residential School.  

REGISTRATION FORM PROCESS:

If you are a Survivor Class Member and wish to get more information or join this Class Action you must complete a Registration Form. By completing this form, it does not guarantee that you will receive compensation it only allows you to be registered and to receive updated information by Gowling WLG Law Firm. There is no deadline to complete the Registration Form however, you are encouraged to register as soon as possible. Registration Forms are available at the Moose Cree First Nation main reception. You can also obtain and complete the form online at www.indiandayschools.com. Please keep a copy for your records before submitting or sending it out.

Register Online

For those of you that have completed and submitted the registration form there is nothing else for you to do until the claim forms are made available.

CLAIM FORMS FOR COMPENSATION:

There is no actual Claim Form to complete yet as this form is currently being developed and it will be available after the 90 Day Opt-Out period of November 18, 2019. Once the Claim Form is available there will be a 2.5-year period for individuals to complete the form and submit.

90 DAY OPT-OUT:

Survivor Class Members have the option of removing yourself from the settlement by completing an Opt-Out Form by no later than November 18, 2019.  If you decide to Opt-Out you will not be entitled to a compensation, nor will you be able to re-apply for the Day School Class Action if you change you mind at a later time. However, you can bring your own action against Canada, but it will be at your own expense.  The Opt-Out Form can be found at www.indiandayschools.com.

LIST OF SCHOOLS (SCHEDULE K):

There are two schools listed for Moose Factory as follows:

School Name: Moose Factory No. 2
Province: Ontario
Location: Moose Factory, ON
Opening Date: September 1, 1955
Closing or Transfer Date: January 1, 1957
Religious Affiliation: Anglican Church

School Name: Moose Fort
Province: Ontario
Location: Moose Fort Reserve, James Bay, ON
Opening Date: 1905
Closing or Transfer Date: January 1, 1957
Religious Affiliation: Anglican Church

There appears to be two other schools not on the list which may have been run by the Federal Government. 

  1. Village School – which was located On-Reserve
  2. Main School (with two Portables) – which was located Off-Reserve

I contacted Gowling Legal Team to inquire about these schools. Research is being done to verify if these two schools fall under the Schedule K. Anyone with any documentation or information on either or both schools, please contact me with your information as soon as possible.

COMMUNITY VISIT:

We have requested a community visit from Gowling WLG. Once we receive confirmation on a date a community notice will be posted. 

If you have any questions or would like to know more about the Indian Day School Class Action Settlement you can visit the Indian Day School website at www.indiandayschools.com or call 1-844-539-3815. 

If you are unsure on what to do you can contact me and I will do my best to assist you.

Rose Blackned, Community Liaison Worker
705-658-4619 ext. 311

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