Information on the McLean Day Schools Class Action and proposed settlement agreement

Prepared without prejudice by Makivik legal for Nunavimmiut 

• The McLean Day Schools Class Action, filed in Manitoba in 2009 and renewed in 2016, concerns in the Northern context Federal Day Schools managed or administrated by the federal government.
• A proposed Settlement Agreement has been announced March 14^th and will be subject to a Federal Court approval at hearings scheduled May 13-15 in Winnipeg.

IF APPROVED:

• The proposed Settlement Agreement will enable the payment to eligible claimants of a single compensation for verbal, physical or sexual abuses suffered while attending a Federal Day School. No Common Experience Payment (CEP) type compensation is recognized at the Settlement Agreement.
• Compensation for harms will be paid notwithstanding the number of years or schools attended, and will rather reflect the most severe harm suffered, according to a five (5) levels table, ranging from $10,000 (CND) for harms associated with attendance, to a maximum of $200,000 (CND) for repeated incidents of sexual abuse and/or physical assault causing long-term injury.
• An amount of $1,2 billion dollars as compensation to day students will be first awarded by the Government of Canada, and if this appears not sufficient to cover the eligible compensation requests, Canada’s financial responsibility will remain up to a total ceiling of $1.4 billion dollars.
• An additional $200M will be awarded to a Legacy Fund to support commemoration projects, health and wellness projects, and language and culture initiatives.
• Eleven (11) schools in Nunavik are listed as eligible Federal Day Schools at the proposed Settlement Agreement; while this listing is not considered final, new schools inclusion needs to occur before the approval hearing date.
• The Class Counsel law firm Gowling WLG (Canada) LLP will receive $55M plus applicable taxes for legal fees and disbursements, paid by Canada on top of the amounts labeled for eligible claimants’ compensation and for the Legacy Fund, and will act as the claimants’ Class Counsel under an additional $7M in trust payment.
• The Agreement will be implemented over a period of four (4) years, while claimants will have one (1) year from the date of implementation to fill an application for compensation with supportive materials through the Class Counsel law firm.

UNTIL APPROVAL:

• You do not have to do anything if you agree with the proposed Settlement Agreement although you may wish to send a Statement of Support to the Class Counsel before May 3^rd, 2019.
• You have the right to object if you do not agree with the proposed Settlement Agreement by transmitting to the Class Counsel an Objection Form by May 3^rd, 2019.
• You can request further information from the Class Counsel at indiandayschools.com or by calling them at 1 (844) 539-3815.
• You can request inclusion of a Federal Day Schools in Nunavik not yet listed at the Settlement Agreement by contacting the Class Counsel by email (lessard@gowlingwlg.com) or at 1 (844) 539-3815.

WHEN FULLY APPROVED AND WITH APPEALS, IF ANY, RESOLVED:

• Details regarding the application for compensation process are only then to be fully known, and public announcement will shortly follow.

• Application for compensation will only then commence.

• The order of the Court on May 13-15 will bind all Class Members who do not Opt Out of the proceeding. Only through an opting out should remain a right to independently sue Canada for harms suffered while studying at the listed Federal Day Schools.  The possibility to Opt Out of the Settlement Agreement will occur after May 2019 and the approval by the Federal Court.

FOR ANY RESIDUAL QUESTIONS, YOU CAN CONTACT MYLENE LARIVIERE AT

MAKIVIK LEGAL DEPARTMENT mlariviere@makivik.org, or 418-522-2224 ext. 4

Federal Day Schools List