Federal Court approves residential school day scholars settlement

The Federal Court of Canada has approved a settlement reached in a class-action lawsuit against the federal government by survivors of residential schools who were left out of a 2006 settlement agreement.

"Day scholars" attended residential schools during the day but returned home at night. They suffered the same destruction of language and culture as other students at residential schools, but were excluded from the 2006 Indian Residential Schools Settlement Agreement.

The day scholars settlement, announced in June, was approved by the Federal Court on Sept. 24, according to a news release from Crown–Indigenous Relations and Northern Affairs Canada. 

This is a separate settlement from the 2019 settlement for former students of federal day schools, operated separately from residential schools but by many of the same groups that ran residential schools. 

"The mistreatment of Indigenous children is a tragic and shameful part of Canada's history, the impacts of which are still being felt today," said Crown–Indigenous Relations Minister Carolyn Bennett in the release.

"The Government of Canada is deeply committed to advancing reconciliation and healing for former Indian Residential School Day Scholars and their descendants."

The settlement includes individual compensation of $10,000, as well as support for healing, wellness, education, language, culture, heritage and commemoration for survivors and descendants, according to the release. 

There is a 60-day appeal period.

In an emailed statement to CBC News. John Kingman Phillips, a lawyer representing survivors, said the settlement means day scholar survivors and their descendants will finally receive compensation after a 10-year legal battle.

"While this settlement does not come close to righting the grievous injustice that was done, it nevertheless acknowledges the harms suffered and ensures that surviving class members, almost all of whom are elderly, will receive payment in the near future and without having to relive their experiences in the schools," he wrote.

The class action lawsuit was split into two claims — one for day scholars and one for 105 First Nations seeking reparations — in August 2020.

The lawsuit by First Nations seeking reparations from the federal government for the impact residential schools had on them will continue to trial at a later date.