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Federal Day School Class Action: Claims Process Now Open

Background

The purpose of the Federal Day Schools Class Action (FDSCA) Settlement Agreement is to address harm suffered as a result of Canada’s establishment, management, and funding of Federal Day Schools.  The Federal Court approved the Agreement on August 19, 2019. As per the Order rendered by the Federal Court on January 7, 2020, the Claims Form was approved and Implementation Date was set for January 13, 2020. The Claims Form is now available.

Class Members will have two and a half years to submit their claim for compensation. The last day to submit a Claim will be July 13, 2022.

Eligibility

To find out if you are a “Class Member” (are eligible for compensation) and to learn about deadlines and application processes please visit the official FDSCA website: https://indiandayschools.com/en/ 

Eligible Federal Day Schools are listed on: 

 

Your eligibility for compensation depends on having attended these schools between the opening and closing dates listed in this schedule,

 

IRC is not a party but has been advocating for Inuvialuit  

While the Agreement was negotiated without any Inuit organization involvement, IRC has been advocating continually for a better settlement and claims process for Inuvialuit.  IRC, NTI and Makivik secured the addition of schools, a longer application period and a commitment to Inuit representation on the Legacy Fund Committee.   IRC will continue to push for better support services for survivors.

You may have seen IRC’s Resolution Health Support Workers (RHSWs) in your communities helping survivors fill out registration forms. Debbie Gordon-Ruben, Manager, Susan Peffer and Jeffery Amos are committed to helping Inuvialuit, to the extent they can, with the next stages of the application process, which will be the Claim Form. 

Debbie and team are working along with Gowlings to schedule visits to communities to assist with the claims process outlined below and detailed at www.indiandayschools.com

Debbie can be reached at: (867) 777-7089 and dgordon-ruben@inuvialuit.com  Jeffery Amos at (867) 678-5562 and  jamos@inuvialuit.com Susan Peffer is at (867) 777-7087 and speffer@inuvialuit.com

Next Step: Filling out Claim Forms

Even if you are a survivor and you have completed a registration form, you will have to fill out the official Claim Form.  The Claim Form is available on the FDSCA website. IRC’s RHSW will also have Claim Forms on hand. Survivor applicants will have 2.5 years to submit their forms.  The last day to submit a Claim will be July 13, 2022.

Estates

While family members of deceased Class Members are not eligible to receive direct compensation, the estate of a late Class Member who died on or after July 31, 2007 can make a claim on behalf of the deceased. This means that the only the Estate Administrator or Executor may submit the Claim Form on behalf of the deceased. The executor or Estate Administrator will need a copy of the deceased’s death certificate to begin the process.

Official Legal Support and Crisis Support

  • Under the Settlement Agreement, only lawyers from the firm, Gowling WLG are allowed to provide legal representation to Class Members. While not every applicant will need it, anyone can seek legal assistance free of charge from Gowling WLG at 1 (888) 221-2898 and dayschools@gowlingwlg.com  
  • Crisis support is also available for Class Members through a national service called “Hope for Wellness”. This service provides counselling and crisis intervention 24 hours a day, 7 days a week through the toll-free line 1-855-242-3310.You can also connect to the online chat at www.hopeforwellness.ca  Services are to be made available in Inuktitut, although may not be available in Inuvialuktun dialects.