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Challenge to Indian day school settlement in Quebec court could stall deal

Publication: CBC News - 24 mai 2019
Lien: http://www.cbc.ca/news/indigenous/day-school-settlement-quebec-court-challenge-1.5147361

A recently filed court challenge of Ottawa's Indian day school settlement agreement could stall the deal, according to one of the lawyers behind the legal filing.

The filing, with the Quebec Superior Court, argues, among several issues, that the settlement agreement ignored the needs of francophone day school survivors by providing limited and inadequately translated documents.

28 mai 2019

Indian Day School survivor suggests reaching out for healing to begin

Publication: Anishinabek News - 24 mai 2019
Lien: http://anishinabeknews.ca/2019/05/24/indian-day-school-survivor-suggests-reaching-out-for-healing-to-begin/

Speaking in Cree, a large group of Indian Day School survivors attended the North Bay Indigenous Friendship Centre to discuss details of the McLean Day School Class-Action Settlement.

George Hughie and Janie Kataquapit presented the public information session on May 13 for Mushkegowuk Cree. They heard many personal stories from attendees.

28 mai 2019

Former Kivalliq Hall students can now apply for compensation

Publication: Nunatsiaq News - 24 mai 2019
Lien: http://nunatsiaq.com/stories/article/former-kivalliq-hall-students-can-now-apply-for-compensation/

Former students of Kivalliq Hall in Rankin Inlet are now eligible to apply for residential school settlements.

Until recently, the school’s former students weren’t able to file a claim through the federal Independent Assessment Process, which was established in 2007 under the Indian Residential Schools Settlement Agreement to resolve claims of serious sexual, emotional or physical abuse that former students suffered while attending residential schools.

That application process wrapped up in 2012 for most residential school survivors, though Kivalliq Hall wasn’t added to the list of eligible schools until last year.

28 mai 2019

Former Kivalliq Hall students can now apply for compensation

Publication: Nunastsiaq Online - 24 mai 2019
Lien: http://nunatsiaq.com/stories/article/former-kivalliq-hall-students-can-now-apply-for-compensation/

Former students of Kivalliq Hall in Rankin Inlet are now eligible to apply for residential school settlements.

Following a July 2018 decision from the Nunavut Court of Appeal, which upheld a lower court decision, the court issued an order to implement the process as of April 25, 2019.

Former students of Kivalliq Hall who plan to file claims now have until Jan. 25, 2020, to do so.

24 mai 2019

Supreme Court Aboriginal and Indigenous Law - Practice and Procedure

Publication: Law Times - 22 mai 2019
Lien: http://www.lawtimesnews.com/case-law/supreme-court/judicial-intervention-was-necessary-in-face-of-unauthorized-modification-of-agreement-contrary-to-parties-intentions-2237/

Indian Residential Schools Settlement Agreement settled class actions by former students and provided Independent Assessment Process (IAP) to claim compensation for harms suffered at residential schools. Adjudicator denied claimant's claim and his appeals within IAP were dismissed on review and re-review. Claimant requested directions from Supervising Judge tasked with overseeing implementation of Agreement.

22 mai 2019

Former students of Kivalliq Hall eligible for residential school settlement

Publication: APTN News - 21 mai 2019
Lien: http://aptnnews.ca/2019/05/21/former-students-of-kivalliq-hall-eligible-for-residential-school-settlement/

Former students of an Indian residential school in the Arctic are now eligible for compensation under the Indian Residential Schools Settlement Agreement (IRSSA).

Approximately 225 students lived at Kivalliq Hall in Rankin Inlet, NU between 1985 and 1997.

They can apply for a Common Experience Payment (CEP) of $10,000 for the first year and $3,000 for each additional year, and the Independent Assessment Process (IAP) which provides further compensation for physical and sexual abuse.

22 mai 2019

Indian Day Schools settlement hearing wrapping up in Winnipeg

Publication: Radio Canada International - 15 mai 2019
Lien: http://www.rcinet.ca/en/2019/05/15/indian-day-schools-settlement-hearing-wrapping-up-in-winnipeg/

A three-day hearing into a proposed settlement for survivors of Indian Day Schools was scheduled to wrap up Wednesday in Winnipeg.

Federal Court Justice Michael Phelan is deciding whether to approve the settlement for a nation-wide class action lawsuit to compensate survivors for harms they suffered while attending the schools

About 200,000 Indigenous children attended the federally-funded schools across Canada, beginning in the 1920s.

16 mai 2019

Proposed Indian day school settlement to leave out lawyer who filed lawsuit

Publication: CBC News - 15 mai 2019
Lien: http://www.cbc.ca/news/indigenous/indian-day-school-settlement-objections-1.5137770

First Nations lawyers who object to the proposed federal Indian day school settlement held a rally Wednesday outside the Winnipeg courthouse where the third and final day of settlement approval hearings was underway.

"It is a big fight and there are many people objecting because they want [the settlement] improved," said Joan Jack

16 mai 2019

Canada announces Indian Day Schools settlement

Publication: APTN News - 12 mai 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.

16 mai 2019

Why the former chair of the TRC is worried about the Indian day school settlement

Publication: cbc radio - 14 mai 2019
Lien: http://www.cbc.ca/radio/thecurrent/the-current-for-may-14-2019-1.5134138/why-the-former-chair-of-the-trc-is-worried-about-the-indian-day-school-settlement-1.5134211

The former chair of the Truth and Reconciliation Commission says he is concerned that Indian day school survivors are doing "all of the work themselves" to seek compensation for the alleged abuse they suffered.

"They have to find the documents; they have to prove they went to the school; they have to match the records that the department provides to the law firm, I assume to justify that they in fact are the same person whose name might be spelled four or five different ways according to school records, and who may not have had an English name," Sen. Murray Sinclair told The Current's Anna Maria Tremonti.

15 mai 2019

Opponents of Indian day schools settlement have their say in court

Publication: CBC News - 14 mai 2019
Lien: http://www.cbc.ca/news/canada/manitoba/indian-day-school-settlement-tuesday-1.5135749

Growing up in the western Saskatchewan Cree community of Onion Lake, Beatrice Macdonald endured 11 years in the federal and provincial institutions known as Indian day schools.

She says she's still dealing with the trauma.

"We were not allowed to speak our Cree language in the school. We were made to do stuff we were not supposed to be doing at that age," Macdonald said Tuesday in Winnipeg, outside a federal courtroom where hearings are being held this week into a proposed settlement for day school survivors. 

15 mai 2019

Day school survivors deserve more than $10,000, judge hears

Publication: APTN News - 14 mai 2019
Lien: http://aptnnews.ca/2019/05/14/day-school-survivors-deserve-more-than-10000-judge-hears/

Nearly 30 people said the Indian day school settlement agreement needs changing Tuesday, starting with paying former students more money.

“I object to $10,000,” said former student Clarence Sumner of Pinaymootang First Nation in Manitoba.

“That’s a slap in the face.”

15 mai 2019

Just get it done: Indian day school survivors divided over proposed settlement

Publication: CBC News - 13 mai 2019
Lien: http://www.cbc.ca/news/canada/manitoba/just-get-it-done-indian-day-school-survivors-divided-over-proposed-settlement-1.5132262

For more than a decade, Ray Mason has been fighting for compensation for the time he and thousands of other Indigenous people were forced to attend federally operated Indian day schools.

He hopes that battle will soon be over.

Mason, 72, hopes a proposed settlement agreement announced in March will be approved by a federal court in Winnipeg this week. With an estimated 2,000 survivors dying every year, time is of the essence.

14 mai 2019

Watch Live: Winnipeg court to hear Indian day school settlement case

Publication: APTN News - 13 mai 2019
Lien: http://aptnnews.ca/2019/05/13/watch-live-winnipeg-court-to-hear-indian-day-school-settlement-case/

It’s the first day of a hearing to settle the Indian day school class-action lawsuit.

The matter will be heard in federal court in Winnipeg.

A judge will listen to three days of arguments, a schedule shows.

14 mai 2019

Day school survivors urge judge to accept settlement

Publication: APTN News - 13 mai 2019
Lien: http://aptnnews.ca/2019/05/13/day-school-survivors-urge-judge-to-accept-settlement/

Three major changes proposed to the Indian day school settlement agreement Monday go a long way towards silencing the critics, says an Indigenous lawyer.

“That’s what I wanted,” Ken Young said as he heard plaintiffs’ lawyer Mary Thomson rhyme off the amendments in Winnipeg’s federal court.

Young was prepared to speak against the multi-billion-dollar agreement Ottawa is offering an estimated 140,000 former Indian day school students.

14 mai 2019

Council Clarifies Indian Day School Deadline

Publication: Eastern Door - 03 mai 2019
Lien: http://www.easterndoor.com/2019/05/03/council-clarifies-indian-day-school-deadline/

Today’s May 3 deadline is only for those wanting to forward their support or objection to the claim, and does not effect anyone’s desire to apply for compensation for abuses suffered under any Indian Day School. (Courtesy Mohawk Council of Kahnawake)

“The May 3 deadline (today) relates to whether individuals want to send in a statement of support or objection to the settlement of this Indian Day School issue,” said Diabo. “People are getting the wrong information.”

06 mai 2019

OPINION: Federal Court Judge tells Canada to walk the walk

Publication: Windspeaker - 30 avril 2019
Lien: http://windspeaker.com/news/opinion/opinion-federal-court-judge-tells-canada-walk-walk

In a remarkable court judgment recently released, a Federal Court Judge has blasted Canada for its approach to the Day Scholars Class Action. 

While the Day Scholars were unsuccessful in their attempt to get a rare and difficult to obtain advanced costs order, Justice Harrington was unsparing in his criticism of Canada’s chosen litigation strategy noting that “the Plaintiffs are dying” and asking rhetorically: “Is it [Canada’s] intention to grind [the Plaintiffs] into poverty and bankruptcy before this matter ever proceeds to trial?”

01 mai 2019