Indian residential schools canada government lawsuit
Class Action Lawsuits

Combined $1.9 Billion Settlement for Indian Residential School Class Action Lawsuits

The official court notice published in newspapers across Canada proclaimed, “The Indian residential schools settlement has been approved. The healing continues.”

In May 2006, a settlement was announced in the “omnibus” Indian residential school class action, a combined settlement of multiple class actions across Canada. The claims were by former students of Indian residential schools and families of former students, against the Government of Canada and various churches. Former students included First Nations, Métis, and Inuit survivors of residential schools. Churches included Catholic, Anglican, United, Presbyterian, Methodist and others.

The plaintiffs in the class action alleged that between 1920 and 1996, former residents of Indian residential schools operated by the Canadian Government or in conjunction with the various churches, were neglected, sexually and physically abused, and subjected to the systematic destruction of their cultural and family relationships.

In May 2006, the settlement, which was approved by Courts in every province and territory, included $1.9 billion to compensate the class members. Each class member would be entitled to a Common Experience Payment or “CEP”. The payment was set at $10,000 for the first year of attendance at an (“IRS”) or Indian residential school and $3,000 for each subsequent year. The settlement also established a process whereby class members who suffered sexual or serious physical abuse were eligible to receive $5,000 – $250,000. The settlement also provided $125 million for healing programs; $60 million for research, documentation and preservation of class members’ experiences; and $20 million for national and community commemorative projects.

Key developments in the class action are set out below:

  • On May 10, 2006, the Government of Canada announced a national settlement of IRS actions.
  • On December 15, 2006, the class action was certified and a settlement was approved by the Superior Court.
  • August 20, 2007 was the deadline for plaintiffs to opt-out of the settlement.
  • On June 11, 2008, the Government of Canada issued an apology in the House of Commons to former students of Indian residential schools.
  • September 19, 2011 was the deadline to apply for a Common Experience Payment.

Indian Residential Schools Survivors may want to make use of the Indian Residential School Survivors Society for the help of counselors available 24 hours a day 7 days a week by calling toll free 1-866-925-4419. Further information can be found at www.residentialschoolsettlement.ca.