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Indian Day Schools Class Action Claims Administration
Important Updates

 

Summary of Claims - As of September 15, 2020:

  • Claims in Progress: 57,875
  • Claims Paid: 24,149
  • Total Claims Received: 82,024


Communications to/from the Administrator - July 27, 2020

Click here for an update.


Claim Process Update – June 30, 2020

Click here for an update on the Claims Process.


Important Update from the Administrator in response to COVID-19:

Please note that the claims processing centre continues to operate and the Administrator is now receiving and processing mail.

Claimants are encouraged not to submit multiple claims if one has already been sent by post.  

We thank you for your patience and understanding.

Intro​du​ction

Did you attend a Federal Indian Day School or Federal Day School?

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.


Resources

This website is for the Indian Day Schools Class Action Claims Administration Process.

For Frequently Asked Questions (FAQ) related to the Claims Administration Process, please click here

For legal advice or assistance with completing your Claim Form, at no cost, please contact Class Counsel, Gowling WLG at 1-844-539-3815, or dayschools@gowlingwlg.com, or visit their website at www.indiandayschools.com.

If you are experiencing emotional distress and want to talk, free counselling and crisis intervention services are available from the Hope for Wellness Help Line at 1-855-242-3310, or online at www.hopeforwellness.ca.


Court Documents

Adobe Acrobat is required to view these documents. To download Adobe Acrobat, click here.

Documents and Notices
  1. Consolidated Settlement Agreement
  2. Settlement Approval Order
  3. Schedule K - List of Federal Indian Day Schools (As of August 8, 2019)
  4. Long Form Notice of Settlement Approval
  5. Claim Form

Contact Us​


If you have further questions regarding the administration of the Settlement, please contact the Administrator at: 1-888-221-2898 (Monday to Friday, 8am to 8pm EST)

To submit your Claim Form, send your package 

To: Indian Day Schools Class Action Claims Administrator, c/o Deloitte 

By Mail: PO Box 1775, Toronto, ON, Canada, M5C 0A2, OR 

By Fax: 416-366-1102, OR 

By Email: indiandayschools@deloitte.ca 

Claims Process

Claim Process Update – June 30, 2020

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:

  1. Review the list of information needed to complete your submission in the Missing Information Form attached to your letter;
  2. 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.

TIME ESTIMATES

Please note, we have the following time estimates in place:

  • 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.

WE ARE HERE TO HELP

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 would like one-on-one support filling out your Claim Form, please call Class Counsel at 1-844-539-3815 or email dayschools@gowlingwlg.com (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 or visit www.indiandayschoolsclaims.com

Communications to/from Administrator

What is the status of my claim and how may I check on the status of my claim?

At this time, survivors may check on the status of their claim by contacting the Call Centre at 1-888-221-2898.

The Call Centre can confirm whether your claim falls within one of the following statuses:

  1. Your claim has been Received & Under Review 
  2. Your claim was incomplete and you have been issued a Missing Information Letter
  3. Your Level 2–5 claim is with Canada
  4. Your Level 2–5 claim has been reviewed by Canada
  5. Your claim has been confirmed as eligible and payment has been issued

What letter(s) could I receive from the Administrator about my claim?

At this time, survivors could receive one of the following letters from the Administrator, depending on the status of your claim:

  1. Missing Information
  2. Claim sent to Canada (Level 2-5 only)
  3. Claim Approved & Payment Issued with Cheque

Why is my claim taking so long to be Reviewed and Paid?

We understand that this has been a long and extremely emotional journey for many Indian Day School Survivors and their loved ones. As the court-appointed Claims Administrator for this Class Action, we are meticulously reviewing claims in order to ensure survivors receive the compensation they are owed, as quickly as possible. We encourage claimants to take their time completing their claim form – and to double-check that it is complete before submitting, as an incomplete claim form will require collection of additional information and cause delays in processing.

Please click here for more information regarding the different stages of the claims review process.