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Concerns growing about proposed day school settlement

Publication: APTN News - 22 mars 2019
Lien: http://aptnnews.ca/2019/03/22/concerns-growing-about-proposed-day-school-settlement/

Day school survivors may be promised an easier time obtaining compensation under a proposed national settlement agreement but critics say they still need a lawyer of their choice.

“Even if it’s a paper-filing process people will still need access to legal counsel,” said Lisa Abbott, an Indigenous lawyer in Saskatoon.

“Without assistance, the paper-filing process is going to be re-traumatizing.”

25 mars 2019

Indian Day School students looking at $10K apiece in new compensation agreement

Publication: Cowichan Valley Citizen - 20 mars 2019
Lien: http://www.cowichanvalleycitizen.com/news/indian-day-school-students-looking-at-10k-apiece-in-new-compensation-agreement/

First Nations people who attended Indian Day Schools are now looking at a possible financial settlement.

All persons who attended an Indian Day School that was “established, funded, controlled and managed by the Government of Canada and suffered harm as a consequence of their Indian Day School attendance” are included under the agreement, and could each get $10,000 if they pass the criteria.

21 mars 2019

Day school settlement won t challenge survivors

Publication: APTN News - 19 mars 2019
Lien: http://aptnnews.ca/2019/03/19/day-school-settlement-wont-challenge-survivors/

Former Indian day school students should have an easier time claiming compensation than residential school survivors, says a lawyer for the class-action settlement announced by the federal government last week.

Robert Winogron says day school students won’t have to testify about the abuse they suffered and won’t have to hire and pay a lawyer 15 per cent of their claim.

“I can tell you the government’s not interested in challenging someone’s experiences,” Winogron says.

“If they say they were sexually assaulted – nobody’s going to challenge that.”

20 mars 2019

These residential school survivors are dying waiting for Trudeau government to reconcile

Publication: APTN News - 18 mars 2019
Lien: http://aptnnews.ca/2019/03/18/these-residential-school-survivors-are-dying-waiting-for-trudeau-government-to-reconcile/

Residential school survivors in Kamloops can see the building where they went to school. They can walk in the front doors and down the same halls as they did as children. But they can’t get Ottawa to see them as residential school survivors. And they certainly can’t get an apology.

Because for the Trudeau government to do that, it first needs to reach an “equitable” settlement for these day scholars who have been suing the federal government since 2012.

19 mars 2019

Conversations beginning with Indigenous men and boys on cycle of abuse: Bennett

Publication: National Observer - 15 mars 2019
Lien: http://www.nationalobserver.com/2019/03/15/news/conversations-beginning-indigenous-men-and-boys-cycle-abuse-bennett

A $200-million component of the settlement for abuses at federally run schools for Indigenous children should help address the long-term pain of male survivors, Crown-Indigenous Relations Minister Carolyn Bennett said Thursday after a regional chief sounded the alarm this week about a lack of supports aimed at Indigenous men and boys.

Nearly 200,000 Indigenous children attended more than 700 "Indian Day Schools" beginning in the 1920s. Unlike children at residential schools, day-school students got to go home at night, but many endured trauma, including, in some cases, physical and sexual abuse.

18 mars 2019

Ottawa heading to trial in class action lawsuit by residential school day scholars

Publication: CBC News - 15 mars 2019
Lien: http://www.cbc.ca/news/indigenous/day-scholars-residential-schools-class-action-1.5057478

Ottawa is heading to trial next month over a class action lawsuit involving students who attended residential schools during the day in which its lawyers have argued Canada had no residential school policy and never intended to eradicate Indigenous languages and culture.

Talks on the class action, which was certified in 2015, broke down in February after about two years of negotiations and now the matter is scheduled to go before the Federal Court in Ottawa for trial in April.

18 mars 2019

Settlement Agreement reached for former students of Indian Day Schools, McLean Day School Settlement Corporation for Legacy Projects

Publication: Canada News Wire - 15 mars 2019
Lien: http://www.newswire.ca/news-releases/settlement-agreement-reached-for-former-students-of-indian-day-schools-810022096.html

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.

On March 12, 2019, the Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations, along with Claudette Commanda and Roger Augustine, announced that parties have reached a proposed settlement agreement recognizing the harms suffered by former students of Indian Day Schools.

18 mars 2019

Ottawa gets sealing order on court document that undercuts 'reconciliation agenda,' says NDP MP

Publication: cbc.ca - 14 mars 2019
Lien: http://www.cbc.ca/news/indigenous/bc-judge-seals-residential-school-compensation-case-documents-1.5054761

A British Columbia judge has sealed a document filed by Ottawa in a court case over the residential school compensation process that an NDP MP says would 'blow apart' Prime Minister Justin Trudeau's reconciliation agenda.

B.C. Supreme Court Justice Brenda Brown issued an order on March 6 sealing a "request for direction (RFD)" filed by Ottawa laying out their legal arguments against the reopening of residential school abuse compensation cases if new evidence surfaced.Ottawa asked for the document to be sealed.

Sealed court documents are not available to the public. Sealing orders are generally seen in civil cases on matters involving national security or specific types of commercial information. They are also commonly used during criminal investigations for wiretap, search warrants and production orders.

15 mars 2019

What you need to know about the Indian Day School settlement

Publication: CBC News - 14 mars 2019
Lien: http://www.cbc.ca/news/canada/north/lawyer-settlement-eligibility-indian-day-school-1.5055449

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14 mars 2019

Compensation for Indian Day School survivors announced

Publication: Radio Canada International - 13 mars 2019
Lien: http://www.rcinet.ca/en/2019/03/13/compensation-for-indian-day-school-survivors-announced/

The Liberal government has taken another step towards righting past wrongs committed against Canada’s Indigenous peoples.

The government announced in December it had reached a settlement with survivors of former Indian Day Schools.

On Tuesday, Crown-Indigenous Relations and Northern Affairs Minister Carolyn Bennett announced the details.

14 mars 2019

Indian Day Schools Survivors To Be Compensated Up To $200K: Carolyn Bennett

Publication: The Huffington Post - 12 mars 2019
Lien: http://www.huffingtonpost.ca/2019/03/12/indian-day-schools-survivors-compensation_a_23690679/?utm_hp_ref=ca-british-columbia

The government has reached a proposed settlement with former Indian Day Schools students that would compensate each survivor $10,000, Crown-Indigenous Relations Minister Carolyn Bennett announced Tuesday.

Those who experienced physical and sexual abuse at the schools are also eligible for additional compensation of between $50,000 and $200,000 based on severity.

13 mars 2019

Ottawa announces compensation of up to $200K for students of Indian Day Schools, $200M legacy fund

Publication: CBC News - 12 mars 2019
Lien: http://www.cbc.ca/news/politics/indian-day-school-class-action-resolution-1.5052990

Crown-Indigenous Relations Minister Carolyn Bennett announced today that eligible Indian Day School students will be entitled to thousands of dollars in individual compensation — a settlement reached after students of these formerly federally run institutions launched a class-action lawsuit alleging they faced abuse and neglect while in the care of the state.

As part of the proposed settlement, students who suffered harm while attending the schools will be eligible for $10,000 in individual compensation, the federal government said.

13 mars 2019

Ottawa offre de 10 000 $ à 200 000 $ aux Autochtones maltraités dans les externats

Publication: Radio-Canada - 12 mars 2019
Lien: http://ici.radio-canada.ca/nouvelle/1157948/carolyn-bennett-entente-principe-action-collective-indemnite

Les Autochtones qui ont été maltraités dans les externats indiens administrés par le gouvernement fédéral pourraient recevoir une indemnité allant de 10 000 $ à 200 000 $, a annoncé mardi la ministre des Relations Couronne-Autochtones, Carolyn Bennett.

Cette somme doit constituer un dédommagement pour les torts subis dans ces institutions, qu'il s'agisse de violences physiques ou sexuelles, ou de gestes visant à nier la culture des enfants, comme l'interdiction de parler leur langue.

13 mars 2019

Canada announces Indian Day Schools settlement

Publication: APTN News - 12 mars 2019
Lien: http://aptnnews.ca/2019/03/12/canada-announces-indian-day-schools-settlement/

Victims and survivors of Indian day schools will receive compensation from the Canadian government for the abuses and harms perpetrated against them.

On Tuesday Crown-Indigenous Relations and Northern Affairs Minister Carolyn Bennett announced Canada would settle out of court with litigants and members of a $15 billion class-action lawsuit initiated in 2009.

13 mars 2019

Wrinkles In Judicial Class Actions Management: Recent Decisions From The Federal Court Of Appeal And The Court Of Appeal For Ontario

Publication: Mondaq - 06 mars 2019
Lien: http://www.mondaq.com/canada/x/786026/Class+Actions/Wrinkles+In+Judicial+Class+Actions+Management+Recent+Decisions+From+The+Federal+Court+Of+Appeal+And+The+Court+Of+Appeal+For+Ontario

Fontaine v Canada – Limits on Judiciary Charged with Supervision of Class Actions

In Fontaine v Canada (Attorney General), the Court of Appeal for Ontario considered the limits on judiciary charged with supervising the administration of class actions. In Fontaine, a judge had been tasked with supervising the administration of a settlement which resolved a series of class actions across Canada relating to residential schools. A series of orders by the provincial courts hearing the parallel cases established a process that permitted a "party, counsel or other entity with standing" to file with the supervising courts a Request for Direction relating to the implementation of the settlement.

The Court of Appeal ordered that both of the Eastern Administrative Judge's directions be set aside, and offered the opportunity for any of the parties to bring a Request for Direction on any of the issues considered by the directions. The Court further ordered that the Eastern Administrative Judge be prohibited from engaging in any such Request for Direction.

06 mars 2019

Website launched to preserve Indian residential-school survivors testimonies

Publication: The Nation - 01 mars 2019
Lien: http://www.nationnews.ca/website-launched-preserve-indian-residential-school-survivors-testimonies/

The Indian Residential Schools Adjudication Secretariat is calling for survivors who made claims during the Independent Assessment Process to decide what to do with their records and testimonies before they are destroyed.

The Supreme Court of Canada ruled in October 2017 that only the survivors themselves could decide what to do with the evidence gathered during the assessment process.

“It is their choice and their choice alone,” said Dan Shapiro, head adjudicator of the IAP. “It is important for all the stakeholders and the country that the process can be completed in a good way to help allow individuals and communities to further their healing.”

05 mars 2019

Police hunted for secret church archives during probe of abuse allegations at St. Anne s residential school

Publication: CBC News - 04 mars 2019
Lien: http://www.cbc.ca/news/indigenous/archives-st-anne-s-residential-school-abuse-allegations-1.5039150

When OPP Det. Greg Delguidice was preparing to look into widespread allegations of physical and sexual abuse by priests, nuns and staff at St. Anne's Indian residential school in northern Ontario, he did some homework first.

As part of the investigation 25 years ago, Delguidice studied up on the Roman Catholic Church's canon law and learned of archives held by dioceses that contain records of sensitive information about priests....


Leguerrier was named more than 400 times in interviews with the OPP and in evidence submitted by survivors during the residential school compensation hearings, known as the Independent Assessment Process, which produced person of interest reports on individuals accused of abuse.

04 mars 2019

Reconciliation Betrayed: The Horrors of St. Anne’s

Publication: CBC TV - The Fifth Estate - 03 mars 2019
Lien: http://www.cbc.ca/fifth/episodes/2018-2019/reconciliation-betrayed-the-horrors-of-st.-annes

St. Anne’s Indian Residential School in Northern Ontario was a place of horrific abuse and crimes against children that occurred over decades. For years, records detailing the abuse, especially the sexual assaults, were hidden from survivors who needed them for their compensation claims. But The Fifth Estate has obtained thousands of those very documents which expose the fuller picture of the abuse than was previously acknowledged.

04 mars 2019