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Historical Overview of the Indian Boarding School Program
The
Indian Boarding Home Program, which a class action lawsuit has been filed
against, was an educational program by the Canadian Government that spanned
from 1951 to 1992. The program was created to relocate children from Indigenous
communities to different communities, often non-Indigenous, where they resided
with private families while attending school. The schools in question were
primarily operated by religious institutions with funding and support from the
Canadian government.
What is Class Action?
For
those not familiar with the concept, a class action lawsuit, which some also
regard as a class suit or representative action, is a type of legal mechanism
where multiple individuals (class members) who have suffered similar harm
against a common defendant are grouped as a "class" to collectively
seek resolution in court.
One
of the advantages of this legal mechanism is that, for one, it helps to speed
up the legal process. Also, this approach often results in more equitable
outcomes as it holds corporations or entities accountable for widespread
wrongdoing. Also worth noting is that, unless they exclude themselves, class
action automatically includes all the affected individuals in the lawsuits.
The Class Action Lawsuit Details
A
class action lawsuit against the Indian Boarding Home Program alleges that the
program was inhumane, indoctrinatory, and wrong. The program was termed
indoctrinatory because it aims to assimilate Indigenous children into
Euro-Canadian culture by forcibly removing them from their families and
communities. Victims of this program have detailed their experiences about the
abuse and trauma they’ve endured. For example, they were subjected to strict
discipline, physical and emotional abuse, harsh living conditions, and cultural
and language suppression.
However,
thanks to the victim’s outcry, the Federal Court, in 2019, certified the Indian
Boarding Homes lawsuit as a class proceeding. On December 7th, 2022, the
survivors and the Canadian government reached an Agreement in Principle
to settle the case. Between September 12 and 14, 2023, the Federal Court held
a Settlement Approval Hearing where it was agreed that the class members who
were alive on July 24, 2016, would be compensated.
The
compensation, which is still pending approval by the Federal Court, is grouped
under two categories; the first, which is a single payment of $10,000 for each
eligible class member, and the other category, where the amount to pay for the
compensation will be determined by the level of harm or trauma that an
individual suffered (ranges from $10,000 to $200,000).
It
should be noted that class members will be allowed to apply for category one
and two compensation, they can’t receive more than one payment under each
category.
Class Members That Are Covered By The Settlement Agreement.
The
settlement agreement compensates for two classes: Primary Class and Family
Class.
The Primary Class: The Primary Class covers people who
lived in private homes for school, not college, between September 1, 1951, and
June 30, 1992. It also includes those placed after June 30, 1992, if the
government of Canada arranged it.
The Family Class: This class comprises individuals
who are part of a victim’s family and suffer from losing the guidance, care, or
companionship they should have received from that person.
Class Members Who Are NOT Covered By The Settlement
Agreement
Not
every victim of the Indian Boarding Home Program will be eligible for
compensation. For example, individuals placed in private homes by bodies other
than the Canadian government will not be eligible to receive compensation.
Also, people placed in private homes by Indigenous governing bodies after June
30, 1992, will be excluded from the settlements.
End Note
If
you’re dealing with trauma or need someone to talk to, you can contact the
National Indian Residential School Crisis Line at 1-866-925-4419, the Hope for
Wellness Helpline at 1-855-242-3310, or access online counseling support at
hopeforwellness.ca. You can call the First Nations and Indigenous Crisis Line
in British Columbia at 1-800-588-8717.
