Settlement reached on residential school 'day scholars' class-action lawsuit
Diena Jules was just seven years old when she was forced to attend the Kamloops Residential School, but she was considered one of the lucky ones because she got to go home every night.
She doesn't remember feeling so lucky. In fact, she calls the period the "dark ages" of her life.
Jules attended the school as a "day scholar" for her first five years as a student, and another year as a resident.
During that time, she was physically and verbally abused by priests, by the Catholic brothers and nuns who ran the school and by other students, jealous that she got to keep her hair long and wear her own clothes.
She still recalls how they called her traditional spirituality "devil worship" and how they systematically tried to forcibly take away her language and her culture.
"They called me a pagan and 'dumb Indian' and told me that I needed to become more white," Jules said.
"I became disconnected with my family and community. I lost language, my cultural pride and my own identity."
Jules is among several representatives in a class-action lawsuit against the federal government involving hundreds of First Nations people left out of residential-school compensation.
The lawsuit, which was certified in 2015, was brought by Indigenous students known as day scholars, who attended the notorious Indian residential institutions but returned to their homes at night.
On Wednesday, Jules and other class action representatives took part in a joint announcement with Ottawa declaring the parties had signed a proposed settlement agreement.
It would see survivors receive compensation of $10,000 each -- an amount that would go to the estates and descendants of those who did not live long enough to see this settlement come to fruition.
Ottawa is also pledging to invest $50 million into a Day Scholars Revitalization Fund aimed at rebuilding language, culture and community among the First Nations whose children were forced by Canadian authorities to attend the schools.
Day scholars were excluded from the 2006 Indian Residential School Settlement Agreement, which compensated students $10,000 for the first year in a residential school, followed by $3,000 a year thereafter.
All students who were physically or sexually abused regardless of status at the schools were entitled to compensation under a separate legal agreement.
But the day scholars were not compensated for the "common experience" of attending the schools, as resident students were.
"They were not given a safe place to learn and grow. Instead, they were stripped of their culture, language and traditional knowledge," said Crown-Indigenous Relations Minister Carolyn Bennett.
"While today's announcement has come too late for many survivors, the settlement will ensure that their estates and their descendants will be able to access compensation on their behalf."
The proposed settlement must still be approved by the Federal Court to ensure it is fair and equitable for the parties. That hearing will take place Sept. 27.
Charlotte Gilbert, another day scholar survivor, says the settlement agreement was reached after a 14-year legal battle that has simply "worn down" the remaining day scholar survivors.
"This has been a real long, long process. Fourteen years. It's not been easy. Every time we went to court, it seems like living, regurgitating the same trauma that I endured as a child," she said.
The survivors were recently presented with two options by their lawyers: go back to court or accept the settlement offer on the table from Ottawa. Given that a number of day scholar survivors have passed away in the intervening years since work on the lawsuit began, the decision was made to settle, Gilbert said.
"Those federal lawyers, boy, they really try and rip you right up hard. And we had to be strong and stand up to them, and we did a good job," she said.
The class action sought damages for three separate streams of those harmed by the residential institutions: former day students, their descendants and bands impacted by members who attended residential schools as day students.
In order to speed up compensation to aging survivors and their descendants, the parties have agreed to separate the band class claims.
An official apology to the day scholar survivors, their families and their communities, which has also been long called for, is still being worked on, Bennett said
This report by The Canadian Press was first published June 9, 2021.
CTVNews.ca Top Stories
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
MPs agree Canadian gov't should improve new disability benefit
The federal government needs to safeguard the incoming Canada Disability Benefit from clawbacks and do more to ensure it actually meets the stated aim of lifting people living with disabilities out of poverty, MPs from all parties agree.
King Charles too busy to see son Prince Harry during U.K. trip
Prince Harry will not be seeing his father King Charles during his current visit to Britain as the monarch will be too busy, Harry's spokesperson said on Tuesday.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL has suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.