The Next Step

After more than a decade of fighting in court, a proposed settlement agreement for Residential School Day Scholars has been reached. Now the question becomes: what comes next?

Day Scholars / Survivor Class Members are people who attended federal residentials schools as students during the day only but did not sleep there overnight. The Descendant Class Members are the children of Day Scholars.

Every eligible Day Scholar Survivor will be able to make a claim for a $10,000 payment to compensate them for loss of their Indigenous language and culture. For eligible Day Scholars who were alive as of May 30, 2005, but have died since, one of their heirs can make a claim on behalf of their estate. Canada will also pay $50 million to establish the Day Scholars Revitalization Fund for the benefit of the Day Scholars and their Descendants. Those eligible for compensation under the settlement must have attended (or be the child of someone who attended) one of the schools on the “Schedule E” list of residential schools that could have had Day Scholars. This information can be found at JusticeForDayScholars.com.

But before compensation can begin, the Court needs to approve the settlement. The settlement will be approved if a judge determines that it is fair, reasonable, and in the best interests of the Survivor and Descendant Classes. If approved, the settlement will ensure compensation for Day Scholars and their children in their lifetimes. This decision will come after the settlement approval hearing, which begins on September 7, 2021.

Day Scholar Survivor and Descendant Class Members have the right to tell the judge what they think about the settlement, either before or during the settlement approval hearing. There are two ways to do this:

  1. Day Scholar Survivor and Descendant Class Members can write their views. Please provide written statements to Class Counsel (the lawyers for the Class Members) on or before August 20, 2021, in order to ensure that your statement will be sent to the judge before the settlement approval hearing begins; or
  2. Day Scholar Survivor and Descendant Class Members can speak their views during the settlement approval hearing in September. While we will try to accommodate any class member who requests to speak, we can only guarantee a spot to those who register by August 30, 2021.

This is completely optional and participating in the settlement approval process will not impact one’s ability to receive compensation. The judge will take all submissions into consideration before deciding whether or not to approve the settlement. The next step starts at JusticeForDayScholars.com or by calling Class Counsel (Waddell Phillips) at 1-888-222-6845.

Justice for Day Scholars Informational Webinars

Date
Time
Language
Webinar Registration
Monday, June 28, 2021 6:30 PM PT / 7:30 PM MT / 8:30 PM CDT
/ 9:30 PM ET / 10:30 PM AT
English Register Here
Monday, July 5, 2021 9:00 AM PT / 10:00 AM MT / 11:00 AM
CDT / 12:00 PM ET / 1:00 PM AT
English Register Here
Monday, July 12, 2021 4:00 PM PT / 5:00 PM MT / 6:00 PM CDT
/ 7:00 PM ET / 8:00 PM A
French Register Here
Saturday, July 17, 2021 10:00 AM PT / 11:00 AM MT / 12:00 PM
CDT / 1:00 PM ET / 2:00 PM AT
English Register Here
Wednesday, July 28, 2021 9:00 AM PT / 10:00 AM MT / 11:00 AM
CDT / 12:00 PM ET / 1:00 PM AT
French Register Here
Wednesday, August 4, 2021 5:30 PM PT / 6:30 PM MT / 7:30 PM CDT
/ 8:30 PM ET / 9:30 PM AT
English Register Here

Related Printable Material:

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Resource Name
Description
Size
2021-08-06 Day Scholar Update.pdf
215.42 Kb
Day Scholar Fact Sheet
214.49 Kb
Justice for Day Scholars Informational Webinar list
141.5 Kb
Short Form Notice
518.11 Kb