PLEASE NOTE, THIS CLASS ACTION HAS BEEN RESOLVED.
Thomson Rogers has issued a Claim in the Ontario Superior Court of Justice, on behalf of thousands of people, seeking redress for abuse in Residential Schools.
This multi-billion dollar class action suit involves claims of the thousands of former residents of these schools for neglect, sexual and physical abuse, and the systematic destruction of their cultural and family relationships, from 1920 to 1996. The Defendant is the Government of Canada, which planned the project of assimilation, and oversaw the operation of these institutions.
The representative plaintiffs in this action are from north-western Ontario. They attended residential schools in their childhood and were victims of a range of serious mental, physical, cultural and sexual abuses. They and their families have suffered intergenerational trauma from the effects of this abuse. They seek compensation on behalf of all survivors and their immediate family members, for pain and suffering, loss of employment opportunities and impact on quality of life, as well as punitive damages.
Caution: The subject matter of this area of our web site deals with “Indian Residential Schools” and some information may trigger painful memories and feelings for survivors and intergenerational survivors of these institutions. As a result, if you or a family member wishes to talk to a counsellor, call the Indian Residential School Survivors Society toll-free at 1-866-925-4419. Please note: counsellors are available 24 hours a day, 7 days a week.
March 23, 2007 Update
All nine judges involved in approving the Residential School class action settlement have now signed Orders approving the settlement. Now a major notice campaign will begin. The notice campaign will explain the options available to residential school survivors and their family members. For a more detailed update and for information about recent results that we have achieved on behalf of residential school abuse victims see the attached update.
Announcement
We are very pleased to announce that on March 8, 2007 final court approval was obtained for the Settlement Agreement. This approval brings us one step closer to achieving compensation for all residential school survivors. It is expected that application forms for the Common Experience Payment will not be available until the Fall of 2007 at the earliest. Please continue to check this website for more updates and contact us toll free at 1-888-223-0448 if you have any questions.
Approval Orders Signed
Orders approving the residential school settlement have now been signed by all nine Courts involved in the settlement approval process. Links to the Orders signed by the Honourable Mr. Justice Winkler of the Ontario Superior Court of Justice are below. If you would like copies of the Orders signed in other jurisdictions please contact [email protected].
If you think that you have a potential class action claim, click here or call Darcy Merkur at 416 868-3176.
Related Documents:
Residential Schools Settlement Agreement – Frequently Asked Questions
Baxter v. Canada (Attorney General), 2005 CanLII 18717 (ON S.C.), May 30, 2005 – This is a motion in writing regarding the order of procedure in an intended class proceeding brought against the Attorney General of Canada on behalf of a class of aboriginal persons who attended residential schools in Canada from January 1, 1920 to December 31, 1996. The plaintiffs, defendant and third parties were directed to file written submissions regarding their respective positions on the sequencing of motions, including the certification motion.
Baxter v. Canada (Attorney General), 2006 CanLII 41673 (ON S.C.) – The plaintiffs bring this motion, on consent, for a certification of the action as a class proceeding and approval of a proposed settlement including payment of class counsel fees. The action relates to claims arising throughout Canada as a result of the existence and operation of institutions known collectively as “Indian Residential Schools” (“IRS”).
Lessons from the Indian Residential Schools Tragedy by Craig Brown