Day Scholars Class Action: Wellness, truth and reconciliation will trump the past

Jo-Anne Gottfriedson is optimistic that negotiations with the federal government on behalf of students, who attended Indian residential schools as day scholars, will trump litigation.

“It’s our hope that we’ll be able to sit down with (Indigenous and Northern Affairs Canada Minister Carolyn Bennett) and talk about possible negotiations rather than trial because time is of the essence now. We have our day scholars passing away. Now we’re having our descendants passing away,” said Gottfriedson.

Those discussions will take place this week in Vancouver.

Ninety-four First Nations have joined the class action lawsuit launched by the Tk'emlúps te Secwépemc and Sechelt Indian Bands on behalf of their own day scholars. Bands had until Monday to opt into the lawsuit.

“I feel very overwhelmed,” said Gottfriedson. “Our executive team worked hard to make sure that nobody was left out and that we obtain justice for all of our people.”

Last June, the Federal Court in Vancouver certified the class action lawsuit that allows the bands to move forward in seeking compensation for three different classes: survivor class, descendant class and band class. The lawsuit represents all First Nations, Metis and Inuit, who attended federally-operated Indian residential schools as day scholars.

Gottfriedson says for negotiations to take place, trust and goodwill will have to run both ways.

“Canada has to right the wrongs they imposed upon our people and we, as First Nations, have to be open and have some kind of strong, trusting relationship in the best interest of our people.”

She admits it will be easy to get bogged down in history, but doing that won’t benefit either side.

“Yesterday, the residential school policy was imposed upon our people. Today, we have to look at more of a picture that includes absolute wellness, and truth and reconciliation for our people. And we can’t look at that unless we have that trust. And we have to look at the truth, acknowledge that. And when you acknowledge that then you’re going to promote healing along the way, which then comes reconciliation.”

Legal counsel Karenna Williams of Peter Grant and Associates says there are no firm numbers as to how many individuals will be seeking compensation, although the figure is expected to be well in the thousands.

While day scholars, who experienced serious physical and/or sexual abuse while attending Indian residential schools, were eligible to claim compensation under the Independent Assessment Process set out by the Indian Residential School Settlement Agreement, they were not eligible to claim under the Common Experience Payment, which averaged $20,458 payout.

The day scholar class action lawsuit is seeking compensation for the loss of language and culture experienced by survivors and their descendants, as well as compensation for loss of language and culture at the community level.

Williams would not say what range of financial compensation is being sought for either group.

“It’s part of a strategy, I think, that would have to be developed by the clients and the band class members now, what a real resolution of those issues would look like,” she said.

Compensation for day scholars will only be offered to those who attended the Indian residential schools that are part of the IRSSA. Compensation for bands are for those who had an IRSSA-recognized residential school on or close to band land, which offered day programs, or had a community member attend one of those residential schools as a day scholar.

However, with ongoing court action, particularly for the inclusion of Indian residential schools in Newfoundland and Labrador, more day scholars may be eligible for compensation.

Williams shares Gottfriedson’s optimism in dealing with the federal government.

“I would hope that with a government that’s committed to creating a nation to nation relationship, with a government that’s committed to enacting all of the (Truth and Reconciliation Commission’s) calls to action, we would be able to come to a real constructive settlement based on reconciliation rather than having to push this through the courts,” she said.

If negotiations aren’t successful, Williams says they will proceed with litigation.

“Because of the size of the class action, it could be a fairly lengthy process. We are case managed by a judge who’s committed to assuring that everything moves along at as quick a pace as possible,” she said. “So whether we need to proceed through negotiations or through litigation, I know that the clients are very mindful that day scholars need to see some real resolution.”