Settlement and Claims Information
On August 19, 2019, the Federal Court approved a nation-wide class settlement to compensate students who attended and suffered abuse or harm at Federal Indian Day Schools and Federal Day Schools ("Day Schools") which were funded, managed and controlled by the Federal Government of Canada ("Canada").
In the class action, McLean v Canada (Court File No. T-2169-16), students who attended a Federal Indian Day School sought damages from Canada for harms suffered as a result of their attendance. Their legal action was certified as a class proceeding by order of the Federal Court on June 21, 2018.
As part of the Approved Settlement of this Class Action, Canada will provide compensation to Eligible Class Members. To be eligible for compensation, a person must have attended at least one of the Day Schools listed in Schedule K of Settlement Agreement and suffered abuse or harm from teaching staff, officials, students and other third parties at the school.
To everyone who has submitted a Claim Form, we honour your courage and strength, and acknowledge the significant effort this takes.
Some Claimants will receive a letter from us seeking additional required information for your Claim Form. Rest assured, once we receive the information, your claim will be reviewed and processed as soon as possible. If you receive a letter, the immediate next steps you can take are:
- Review the list of information needed to complete your submission in the Missing Information Form attached to your letter;
- Complete the "Missing Information" Form, sign and send it to the Claims Administrator. If you do not receive a letter, that means the Claims Administrator is continuing to review your claim. We will always contact you directly if there is any further information required. You do not need to do anything further right now.
If you are not contacted by the Claims Administrator directly, please do not send any more claim information – doing so may delay processing times because we must then re-review your entire claim.
- Confirming (through the call centre) we received your Claim Form: We understand that some Claimants want reassurance their Claim Form has been received. If you wish to confirm receipt of your claim form, we ask you kindly wait six weeks from the time you sent in your Claim Form before calling to confirm it has been received. This allows us to properly and securely enter the information into our system.
- Level 1 Claims: It can take up to six (6) months for us to review and approve a complete and eligible Level 1 Claim Form, from the day we receive it. Eligible Claimants will receive a payment letter from us to confirm a claim has been approved.
- Level 2-5 Claims are being reviewed by us, as well as by the Government of Canada. You will be notified when your claim has been sent to Canada for review. Please note that we consider the complexity of each individual experience, therefore in some cases claims for Level 2-5 may take up to 12 months for the review process to be complete.
ADDITIONAL NOTICES YOU MAY RECEIVE
In certain circumstances, Claimants may receive the following notices, which will mean additional information is required to review a claim and will take longer to process:
- A letter requesting additional required information, along with the Missing Information Form;
- A letter advising that your Level 2-5 claim has been sent to the Government of Canada for review.
- If you claimed a Level 1, but you may meet the criteria for a higher level, you will be advised that you have the right to remain at Level 1; or have your claim reclassified at the higher level, which may require more information from you.
- A letter advising that your claim is being sent to the Exceptions Committee for review to determine eligibility based on attendance at a non-Schedule K school and/or year(s) attended.
Please know, we are committed to processing your claim in a way that is as timely and smooth for you as possible. To help with this, please take your time completing your form and, before you send it, double check that it is fully complete, to the best of your ability.
If you have any questions about the claims process, please do not hesitate to contact the Claims Administrator Call Centre at 1-888-221-2898.
|Current as of November 29, 2022||Level 1||Level 2-5||Unspecified||Total|
Claims received through all methods of submission, including claims mailed, faxed, and submitted electronically.
|Claims determined as needing more information
Claims in this category are either missing required information (for example, missing a narrative for level 2-5 claims), or some of the information received was not legible (for example a blurry name on an ID card). The Administrator makes every effort possible to reach out to these Claimants for updated information.
|Claims determined as not eligible for compensation
Claims in this category were determined to not meet the eligibility criteria set out in the settlement agreement. The Claims Administrator has sent a letter to the Claimants, explaining reason(s) for this determination.
|Claims currently in process
The Claims Administrator is processing claims in this category. Please note that the settlement agreement includes a multi-phase process that takes time to complete. Our aim is to process each claim with care, quality, and compassion.
Claims where the Administrator has issued payment.
|98,578 (80%)||24,406 (50%)||0||122,984 (69%)|
* A total of 756 Claim forms have been received to date by the Administrator post the July 13, 2022 claims deadline during the extension period. These claims have been approved for deadline extension. Note that the extension request period ends January 13, 2023.
Updates from the Administrator
Claim Submission Deadline - July 13, 2022 at 11:59 PM Pacific Standard Time (PST).
Claim Submission - April 8, 2022 Update
Claim Submission Deadline
Claim Process Update – November 26, 2020
We honour the continued courage and strength of those who have submitted, or are working to submit, their Claim Form. The Claims Administrator continues to be committed to thoroughly reviewing claims in order to process in a compassionate and respectful manner as soon as possible.
In the coming weeks, some Claimants who have already submitted claims will receive a letter from the Claims Administrator with a level assessment of their Claim Form. This letter may indicate that the Claimant has been assessed at a lower level than the Claimant initially selected.
It's important to know that this decision is NOT final. Claimants can request to have their Claim Forms reconsidered by the Claims Administrator. Here is some information to guide the process:
- To ask for a Reconsideration, Claimants must submit a "Reconsideration Decision Form" to the Claims Administrator by fax or letter (reconsiderations cannot be processed by the call centre);
- Claimants will have 120 days from the time they receive the Claims Administrator's notice to request a reconsideration;
- Claimants may choose to provide more information/documentation to support their claim at the level they initially selected.
- Reconsideration is ONLY available to claimants that receive a level down letter.
HOW LOWER LEVEL CLAIM DECISIONS WERE MADE
The Administrator has assessed some claims at a lower level based on the information provided by the claimant in the associated claim form. The information shared in the claim form must correspond with the level being claimed in order to be determined at the level claimed. For example, if a claimant submitted a claim for a level 4 – but their claim form described abuse/harm outlined in level 2, then the claim would be determined at a level 2.
IMPORTANT INFORMATION ABOUT TIMELINES
We encourage each Claimant to take time to carefully review the letter and reasons before making their decision. However, it is very important to know that if Claimants do not submit the Reconsideration Form within the 120-day period, the Claims Administrator will process the claim at the lower level and send compensation for that level. If this happens, the claim can no longer be reconsidered and the level assessed by the Claims Administrator is final.
If you do not receive a letter with an assessment, that means we are continuing to review your claim. You do not need to do anything further right now.
SUPPORT FOR CLAIMANTS
We understand that Claimants may have questions about this process. If you receive a letter and would like to request a Reconsideration, we strongly encourage you to reach out to Class Counsel for assistance. If you would like to speak with a lawyer about what next steps are available to you, please call Class Counsel at 1-844-539-3815 or email firstname.lastname@example.org. Their support is free.
If you have any questions about the Claims Process, please do not hesitate to contact the Claims Administrator Call Centre at 1-888-221-2898. Note that due to an in increased volume of calls related to personal claims status, we would like to inform you that you may be waiting longer than usual to speak with someone. The average wait time is currently more than 5 minutes. We appreciate your patience as we do our best to assist you as quickly as possible.