IRS Day School & Day Scholar Class Action Settlement Agreement Info

Greetings from the Siksika Health Community Wellness and Indian Residential Health Support Program; we wish you all a prosperous New Year with blessings from our Creator for 2022.

Here is some helpful information on the two Class Action Settlement Agreements related to Indian Day School, and the newly approved Justice for Day Scholars.  We realize the wording of day school and day scholars can be confusing to decide which one applies to you or your family members.

Federal Indian Day School Settlement Agreement

The legal action, McLean v Canada, was brought to recover compensation for class members from Canada for harms suffered by students who attended a Federal Indian Day School or Federal Day School. Students of Federal Indian Day Schools or Federal Day Schools have reported suffering physical, sexual, and psychological abuse by teaching staff, officials, students and other third parties. In some cases, the abuse was severe.  The claim is based on 5 levels of abuse and harm and is not based on time spent at Day School.

The schools referred to are under Schedule K which you can find on the website.  Important to note:  The Siksika schools listed, ie Crowfoot or Old Sun, were NO LONGER operating as Indian Residential Schools.  This Settlement Agreement has no overlap with the Indian Residential Settlement Agreement which has completed its timeline of operation in 2017.

This claim is for day school survivors, however if your family member passed away on or after July 31, 2007 the Estate Executor may apply on behalf of the claimant.  Our Siksika Membership department has been graciously helping our Nation members who passed away (for on reserve).

Deadline is July 13, 2022

Justice for Day Scholars

Day Scholars are students who attended Indian Residential Schools during the day only and did not sleep there overnight. There is a settlement in a certified class action called Gottfriedson v. Canada for the claims of Day Scholars (the “Survivor Class”) and their children (the “Descendant Class”).

The settlement contains benefits for both the Day Scholar Survivor Class and the Descendant Classes:

  1. $10,000 Day Scholar Compensation Payment: Each Day Scholar who attended an Indian Residential School during the day only (but did not sleep there overnight) any time between 1920 and 1997 is eligible to apply for a $10,000 Day Scholar Compensation Payment. A list of Indian Residential Schools that had or could have had Day Scholars can be found online at https://www.justicefordayscholars.com/schools-lists/. In cases where the Day Scholar passed away on or after May 30, 2005, the deceased Day Scholar’s estate or heirs may apply for the Day Scholar Compensation Payment.
  2. $50 million Day Scholars Revitalization Fund: Canada will pay $50 million to the Day Scholars Revitalization Fund to be used to support healing, wellness, education, language, culture, heritage, and commemoration for the benefit of the the Survivor and Descendant Classes. The funds will be administered by a non-profit society.

Deadline is October 4, 2023

You can contact the IRS office at 403-734-5687 and we will be happy to assist you with either claim.

Thank you,

Leanne Sleigh

IRS Coordinator