Federal Indian Day Schools class action explained by lawyer

OHSWEKEN — Six Nations Elected Council heard a presentation on the Federal Indian Day Schools settlement by one of the case’s lead lawyers.

Jeremy Bouchard of Gowling WLG, who is a member of Six Nations, explained the class action case and resulting settlement agreement that was reached earlier this month.

All of Six Nations federal schools are included in the settlement and in many cases former students who attended through to the 1990s are eligible for basic compensation.

Bouchard said, “These are schools that were controlled by the federal government. Students reported significant physical abuse, being hit on their hands, strapping, ripping ears, getting hit with textbooks. It might be different here on Six nations but certainly in a lot of the remote communities it was a lot worse. It was largely racially motivated. Teachers would hit them and say bad things to them. There was some sexual abuse reported. Psychological abuse as well. A lot of name calling and saying negative things to children.”

Bouchard said the case also examined the effects the Federal Indian Day Schools had on the loss of language and culture. “Something that we found happened was that people were prohibited from using their language.”

According to Bouchard, Six Nations may be one of the communities affected the most by the Federal Indian Day Schools.

He says the abuse suffered in the schools includes abuse suffered at the hands of teachers, staff and former students as well.

The claim form examines abuse and grades it in severity from Levels 2-5.

Bouchard says there is mental health support funding is available through the settlement’s $200 million dollar legacy fund. The Legacy Fund will provide funding for Healing Initiatives, Culture and Language, Community based Commemorative Events and a Truth Telling Forum.

As of 2019, there are approximately 120,000-140,000 survivors of the Federal Indian Day Schools today. Bouchard said approximately 2000 survivors die each year.

There is also a place for Estates of Survivor Class Members who died on or after July 31, 2007 are also eligible. Deceased loved ones can make claims on their behalf.

Bouchard said, “No one is required to be cross examined. No one will ever be cross examined on this. The people that were retraumatized as a result of [the Indian Residential Schools Settlement] was significant. No one here will have to go through all that.”

Bouchard also explained that survivors who wish to apply for compensation do not require a lawyer to participate. He informed the council some lawyers are attempting to sign retainers with former students to represent them in the claims. Bouchard says Gowlings is the only firm approved by the courts as class counsel to deal with the class action. He says former students and survivors can contact the firm for free legal assistance in filing their claim.

Those who do not wish to participate and who want to launch their own lawsuits are free to opt out of the settlement.

Six Nations Elected Chief Ava Hill said during the presentation there will be a community meeting about the Settlement on September 11th 7-9 at the Community Hall in Ohsweken.