M’CHIGEENG—This fall, the federal court will hold a settlement approval hearing to consider whether a proposed settlement will be approved that would see those First Nations persons who were placed in the Indian Boarding Home Program will receive compensation.
“On July 24, 2018, a proceeding was brought to federal court for class action certification by Reginald Percival, Allan Medrick McKay, Iona Teena McKay and Lorna Watts (Percival),” wrote M’Chigeeng First Nation Ogimaa-kwe Linda Debassige in an online M’Chigeeng message to local residents. “On June 28, 2019, Madam Justice Strickland certificated the class proceeding. On December 7, 2022, the parties entered into an agreement in principle with respect to the settlement of Percival.”
“The Indian Boarding Home Program was an educational program in which the government of Canada placed children from First Nation communities in other communities (usually non-indigenous) to stay with private families for the purpose of attending school. The class action alleges that Canada’s actions in creating, operating, and maintaining the Indian Boarding Home Program were wrong,” said Ogimaa-kwe Debassige.
The classes are defined as: primary class-individuals who were placed in private homes, during the period of September 1, 1951, and June 30, 1992, for the purpose of attending school, not including placements for post-secondary education. Individuals placed after June 30, 1992, are also included if Canada was responsible for their placement; the second class is comprised of “family class,” members of an individual’s family who lost the guidance, care, or companionship they could expect from the individual.”
An individual who was placed in a private home without government involvement is not included in this settlement; individuals who were placed by Indigenous governing bodies after June 30, 1992, are not included, wrote Ogimaa-kwe Debassige. To be eligible for compensation, the primary class member must have been alive on July 24, 2016.
“The proposed settlement still has to be approved by federal court,” continued Ogimaa-kwe Debassige. “If approved, every primary class member will be eligible for a category 1 payment of $10,000. A Category 2 compensation ranging from $10,000 to $200,000 will be based on the harms suffered such as physical or sexual abuse. A foundation will be created to support commemoration, healing and preserving languages and culture and Canada will pay $50 million to be administered by the Foundation. Family class members will not receive direct compensation. The family class claims will be addressed by indirect compensation available through the foundation’s reconciliation projects.”
In September 2023, the federal court will hold a settlement approval hearing to consider whether the settlement is fair, reasonable, and in the best interests of the class. For more information go to https://boardinghomesclassaction.com.
