Six Nations launches court challenge to extend federal Indian day school class action deadline

The Six Nations of the Grand River band office appears in a file photo. (File photo/CTV Kitchener)

Six Nations of the Grand River is calling on the federal government to give survivors of government-run Indian day schools more time to apply for compensation, calling the current deadline and application process unrealistically short, culturally insensitive and retraumatizing.

In a media release Wednesday, Six Nations elected council said they, along with day school survivor Audrey Hill, had filed court documents seeking to extend the deadline to Dec. 31, 2025.

“To this day, a significant number of class members have not yet made a claim because of limited claims assistance, a lack of cultural sensitivity and unfair timelines,” Hill said in the release.

The current deadline to file a claim passed on July 13, 2022, but survivors can request a six-month extension giving them until next month on Jan. 13, 2022.

The agreement claims process opened in January 2020 and Six Nations says the fact that the pandemic hit almost immediately after exacerbated challenges with the short timeline and the plan for notifying and assisting class members.

CLASS ACTION LAWSUIT

Nearly 200,000 Indigenous children attended around 700 federally operated Indian Day Schools, where many endured trauma, including physical and sexual abuse.

Both day schools and residential schools sought to suppress Indigenous culture and language, but unlike residential schools, children who attended day schools were allowed to return home at night and were not included in the 2006 residential school settlement.

Three years later, day school survivors launched their own class action lawsuit. A settlement agreement was reached in 2019. Compensation ranges from $10,000 to $200,000 based on a tiered system depending on harms suffered.

“We know that trauma survivors are often only able to recall or disclose trauma in stages, and most importantly, with time,” Hill said. “Because of the lack of reasonable and culturally sensitive assistance provided, I felt compelled to voluntarily assist others with their claims. It should not have come to this.”

Six Nations of the Grand River Elected Chief Mark Hill says the settlement process has favoured speed and cost efficiency over providing necessary trauma-informed and culturally appropriate assistance.

“The Government of Canada has ignored public statements from First Nations communities noting that their members will be unable to make a claim within the claims period,” said Chief Hill. “It is disheartening that we now must file another motion with the courts to move towards reconciliation.”

In an emailed statement, the federal government said over 177,000 claims have been received as of Nov. 29, 2022, exceeding class size estimates and anticipated take-up rates.

“The abuse of Indigenous children is a tragic and shameful part of Canada’s history. Addressing historical claims related to harms committed against Indigenous children is a crucial step towards strengthening Canada’s relationship with Indigenous peoples,” the government said in part.

“Canada cannot unilaterally amend the claims period deadline, and such questions should be determined by class counsel.”

Help is available for survivors of residential and day schools and their families.

The National Indian Residential School Crisis Line can be reached 24-hours a day, 7-days a week at 1-866-925-4419.

Additional mental-health support and resources for Indigenous people are available here.