Agreement-in-Principle reached to resolve Indian Day Schools litigation

OTTAWA, Dec. 6, 2018 /CNW/ - The Government of Canada is continuing the work of righting past wrongs, especially those involving Indigenous children, by resolving childhood claims through negotiation rather than litigation.

Today, the Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations, along with Garry McLean, Claudette Commanda, Mariette Buckshot and Roger Augustine, announced that an Agreement-in-Principle has been reached in the Indian Day Schools (McLean) class action.

The signing of the Agreement-in-Principle marks an important milestone for thousands of Indigenous people who suffered cultural harm and physical and sexual abuse while attending federally operated Indian Day Schools.

The Agreement-in-Principle combines individual compensation for harms associated with attendance at an Indian Day School with a forward-looking investment to support healing, wellness, education, language, culture and commemoration for class members and their communities.

Over the past several months, the Government of Canada and counsel for the plaintiffs have been engaged in negotiations to resolve this litigation in a fair, compassionate, and respectful manner that promotes reconciliation and healing.

Canada will continue to work with survivors and Indigenous partners to advance reconciliation, promote Indigenous languages and culture, and support the healing and commemoration of those affected by the harmful policies of the past.

Quotes

"The mistreatment of Indigenous children is a shameful part of Canada's history. This Agreement-in-Principle brings us one step closer to bringing lasting and meaningful resolution and healing to the legacy of Indian Day Schools. Canada is committed to reconciliation and laying the foundation for multi-generational healing and will continue to work with survivors toward righting historical wrongs."

The Honourable Carolyn Bennett, M.D., P.C., M.P.
Minister of Crown-Indigenous Relations

"Ever since 2006, when the Indian Residential Schools claim was settled, we have been struggling for recognition of the harms suffered by Indian Day School students, who were not part of the settlement. We are relieved that we have reached this milestone. This settlement will benefit all students who attended these federally operated day schools and their families and communities."
Garry McLean, Lead Plaintiff

Quick Facts

• Beginning in the 1920s, close to 200,000 Indigenous children attended federally operated Indian Day Schools. Many students who attended these schools experienced trauma associated with cultural harms, and in some cases, physical and sexual abuse at the hands of individuals entrusted with their care.
• Indian Day Schools were operated separately from the Indian Residential Schools system and were not included in the Indian Residential Schools Settlement Agreement. Unlike residential schools, which removed children from their families and communities, federally operated day schools did not board students overnight.
• Parties are working to finalize the settlement agreement, and will seek court approval through a fairness hearing targeted for late Spring 2019.
• Key elements of the Agreement-in-Principle include: individual compensation for harms associated with attendance at an Indian Day School; a $200 million investment to support healing, wellness, education, language, culture and commemoration; and funding for legal fees.

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Backgrounder

Date: December 6, 2018

Indian Day Schools (McLean) Agreement-in-Principle

The mistreatment of Indigenous children by successive Canadian governments has left a tragic legacy that we still see today. Canada deeply regrets its past actions and policies that denied Indigenous children their languages and culture and is committed to reconciliation and laying the foundation for multi-generational healing.

Beginning in the 1920s, close to 200,000 Indigenous children attended federally operated Indian Day Schools. Many students who attended these schools experienced trauma associated with cultural harms, and in some cases, physical and sexual abuse at the hands of individuals entrusted with their care.

Originally filed in 2009 on behalf of Indigenous people (and their families) who attended an Indian Day School, Garry Leslie McLean et al v. Attorney General of Canada was certified by the Federal Court of Canada on June 21, 2018. Over the past few months, the Government of Canada and the parties have been engaged in negotiations with the goal of resolving this litigation in a fair, compassionate, and respectful manner that combines individual compensation with forward-looking investments.

The Agreement-in-Principle represents a major milestone in resolving this litigation. Parties are working to finalize the settlement agreement in order to seek approval from the Federal Court of Canada. The fairness hearing is targeted for late spring 2019.

The key elements of the Agreement-in-Principle are as follows:

• Individual compensation for harms associated with attendance at an Indian Day School and physical and sexual abuse;
• A $200 million investment to support healing, wellness, education, language, culture and commemoration;
• Funding for legal fees. Plaintiffs' counsel have committed that they will not seek additional legal costs from payments made to class members in order to ensure that compensation intended for plaintiffs is preserved for them; and
• Separate legal fees will be made available to class counsel to support additional legal work on behalf of class members.

The McLean Agreement-in-Principle demonstrates Canada's commitment to righting historical wrongs through negotiation rather than litigation; it allows parties to go beyond the remedies that can be granted by the courts and to explore concrete ways to address healing, language, culture and commemoration.

Canada will continue to work with survivors and Indigenous partners to advance reconciliation and support the healing and commemoration of those affected by the harmful policies of the past.

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SOURCE Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)

media may contact: Matthew Dillon-Leitch, Director of Communications, Office of the Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations, 819-997-0002; Media Relations, Crown-Indigenous Relations and Northern Affairs Canada, 819-934-2302, [email protected]

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