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Indigenous

Residential school day scholars can now apply for compensation under settlement

Residential school day scholars are now able to submit claims for compensation under a recent legal settlement.

Claims process launched for those who attended residential schools during the day, but went home at night

People wearing orange shirts stand in front of a stone monument surrounded by flowers, teddy bears and other tributes in front of the brick building that once housed the Kamloops Indian Residential School.
People pause outside the former Kamloops Indian Residential School last June. Day scholars who attended residential schools can now apply for a $10,000 compensation payment. (Ben Nelms/CBC)

Residential school day scholars are now able to submit claims for compensation under a recent legal settlement.

The residential school survivors who attended during the day, but were able to go home at night suffered the same destruction of language and culture as other students at residential schoolsbut wereleft out of the 2006 Indian Residential Schools Settlement Agreement and were not eligible for the settlement's common experience payments; $10,000 for the first year of living at a residential school and $3,000 for every year after.

The day scholars settlement approved by the Federal Court last October includes individual compensation of $10,000 and a $50 million Day Scholars Revitalization Fund to support healing, linguistic and cultural reclamation.The claims process opened on Tuesday.

Thesettlement stemmed from a class-action lawsuitfiled in 2012 by Tk'emlps te Secwepemcand shshlh Nation.

Diena Jules, a member of Tk'emlps te Secwepemc,attended the Kamloops Indian Residential School in B.C. as a day scholar from ageseven in 1962, until 1967.

"It's a really big relief that we are finally going to be getting compensation and that Canada is recognizing that we were adversely affected by the residential school the same as the residential school survivors," she said.

Diena Jules attended the Kamloops residential school as a child. She was a plaintiff in the class action lawsuit on behalf of day scholars. (Submitted by Diena Jules)

She said she hopes resolution will be found through the process, even though other survivors were not happy with the monetary outcome at first.

"Some survivors were really very angry that it was just $10,000," she said.

"We were canvassed, the plaintiffs we were asked if we wanted to go to court again, and there was a chance that we might not win.Just to talk about our experiences would have been just too much. It's as if it's a scab that gets ripped right open and you're exposing yourself, and we just said no."

Jules said shehopes the application process will be an easy one for those who need help.

Since the claims process opened, over 60 community members have started the application process in shshlhNation.

"I'm so happy and excited for our people," saidband councillor Selena August,the descendant of a survivor who's worked on the lawsuit since its early days.

"I think everybody's just thrilled to see that it's finally come, that they're finally seeing justice."

She encourages peopleto get help applying.

"We want to make sure that everyone that is eligible to apply, applies, because they deserve it," she said.

Who can apply?

Any day scholar who attended aresidential school on the list in the settlementand did not stay there overnightis able to make a claim.

There is also an estate claim processon behalf of day scholars who died after May 30, 2005, saidJohn Phillips, a lawyer representing the plaintiffs.

The form can be filled out online, or a print version can be mailed to the claims administrator. Survivors are not requiredto share their experiences at the schools as part of the process.

Phillips saidthe $50 million revitalization fund is still in the process of being established.

This is a separate settlement from the2019 settlement for former students of federal day schools.


Support is available for anyone affected by their experience at residential schools, and those who are triggered by the latest reports.

A national Indian Residential School Crisis Line has been set up to provide support for former students and those affected. People can access emotional and crisis referral services by calling the 24-hour national crisis line: 1-866-925-4419.