Day scholars await a judgement

Day scholars who are members of the Tk’emlups te Secwepemc and Shishalh Indian bands will have to wait until summer to learn if they can move forward on receiving compensation for the abuse they suffered when attending residential schools.

A Vancouver Federal Court judge heard five days of arguments between April 13 and April 20. Justice Sean Harrington will have to determine whether to certify a class-action lawsuit for compensation in three separate streams: for former day students, for their descendants and for bands impacted by members who attended residential schools as day students.

The proposed class action law suit seeks compensation for those day scholars, alleging that as students participating in classes and the social life of Indian residential schools, they suffered the same loss of language and connection to culture as those who resided at the schools.

The law suit alleges that these losses were an intentional aspect of Canada’s education policy.

“The experience (day scholars) suffered as well fragmented their families and communities. Basically it’s time to draw strength and encourage each other on the path of healing,” said Assembly of First Nations National Chief Perry Bellegarde, who was in attendance at the first day of the hearing.

“If Canada is very serious about their apology, then they should really look at reconciliation for all students that attended residential schools, whether they’re the ones who spent the nights there or even including day scholars. They’re residential schools survivors.”

Prime Minister Stephen Harper’s 2008 apology for Canada’s role in residential schools was followed by a compensation package through the Indian Residential School Settlement Agreement.

The agreement compensated students who attended a specified list of residential schools recognized by the government. Those students were eligible for a Common Experience Payment set at $10,000 for the first year of attendance and $3,000 for each subsequent proven year of attendance.

Students could also testify in private hearings through the Independent Assessment Process and be financially compensated for sexual and physical abuse. Day scholars, along with students who attended any of the non-prescribed schools, attendees of residential schools in Newfoundland and Labrador, attendees of Metis residential schools, and those who resided in foster homes and group homes, were excluded from compensation through the settlement.

The narrow scope of the settlement agreement is a concern that the Truth and Reconciliation Commission, formed as part of the agreement, has voiced repeatedly. In its community hearings and national events, the TRC has invited testimony from all students and not just those covered under the settlement agreement.

“There’s a significant group of students still waiting for justice for their situation,” said TRC Chair Justice Murray Sinclair.

Not wanting to wait any longer is what drove Tk’emlups te Secwepemc and Shishalh Indian bands to file their complaint in federal court in August 2012.

“We wanted to do what was right for our people… seeking redress for our day scholars was our number one priority. We advanced our own class action suit because we didn’t want to wait for anybody,” said Tk’emlups te Secwepemc Chief Shane Gottfriedson.

While the court action is specific to the two BC bands, which numbers around 450 day scholars, Gottfriedson expects other bands and groups of day scholars will join once Tk’emlups te Secwepemc and Shishalh Indian bands class action moves forward.

“It’s a human rights issue. It’s something we thought was necessary for the well-being of our community,” said Gottfriedson.

Bellegarde believes Canada owes day scholars more than financial compensation.

“The goal is for justice and compensation for the day scholar children that suffered abuse as well by the residential schools,” said Bellegarde. “It should be approached on wellness and healing and justice and fairness. It’s all of the above.”