FSIN LEGISLATIVE ASSEMBLY

PETITION of DEMAND

for 

THE EXTENSION OF FEDERAL INDIAN DAY SCHOOLS AND

FEDERAL DAY SCHOOLS APPLIATION DEADLINE

&

FURTHERMORE

ALL DAY SCHOOLS EXEMPT FROM ELIGIBILITY BE IDENTIFIED AS ELIGIBLE

FOR COMPASSION

May 30, 2022

On the 22nd day of February 2022, the Chiefs of the Legislative Assembly unanimously passed the following procedural resolution, and the same is in full force and effect as of the date hereof:

THEREFORE, BE IT RESOLVED that the Chiefs-in-Assembly demand on extension to the deadline for filing Indian Day School claims until every survivor or executor of a deceased survivor, has had the opportunity to file their claim or indicate that they opt out of the claim.

BE, IT FURTHER RESOLVED that the Chiefs-in-Assembly demand that all Day Schools left off the list be included in the settlement. 

 

REASONS FOR PETITION:

1. The deadline of July 13, 2022, for claimants to submit applications in connection with the Indian Day School Settlement does not provide survivors or their executors, as applicable, with sufficient time to apply to submit their respective claims.  Extending the deadline will allow survivors and their executors to research and prepare the materials required to submit their claims and to participate in the payment of compensation to which they, or their estates, are entitled.
2.  Moreover, Day Schools that were excluded from the original list of eligible Day Schools (the “Excluded Schools”) must be included in the Indian Day School Settlement.  Students who attended the Excluded Schools include survivors who suffered the same abuses and trauma as other Indian Day School survivors.  The survivors who attended the Excluded Schools are ineligible for compensation, have limited legal recourse for harms that they suffered, and are being overlooked by the current process. Among the list of Excluded Schools is in northern Saskatchewan, Wollaston Lake, also known as the Hatchet Lake Dene First Nation.  The leadership and members of this community suffered abuses at the hands of those operating the school, and they must have an opportunity to participate in the Settlement.  They, along with other victims of abuse suffered at the Indian Day Schools, including other Excluded Schools, cannot be left behind.
3. The claims process is extremely lengthy, and the application process has been difficult to navigate especially during the Covid-19 pandemic. To date, claimants’ ability to navigate the complex process, and to retain advice when undertaking the applications, has been severely constrained by the gathering and travel restrictions established during the pandemic. This has considerably hindered the ability of claimants to inform themselves of the process and to become knowledgeable of the steps required to participate in the Settlement, and the impact of the Settlement on their legal rights.     
4. One of the barriers to commencing the application process on the part of claimants is the very real prospect of suffering additional trauma when recounting and communicating the harms that they suffered while attending the Day Schools. Great care must be taken when filling out a form with a survivor, because it is a very emotionally destabilizing and potentially re-traumatizing process.  Many survivors are not immediately prepared to tell their story and need support to start their own healing processes, while simultaneously working to understand the rights and responsibilities that flow from participating in the Settlement.  Extending the deadline will give the survivors additional time to become informed of the different components of the Settlement, and to access supports during what will undoubtedly for most be an emotionally turbulent time. To date, the timelines have not accommodated the inherently sensitive nature of the subject matter involved in the applications to take part in the Settlement.  This is not dissimilar to a sexual assault claims, where it is generally accepted that statutory time limitations should not apply due to the trauma attached to the victim’s experience in these cases.
5. In addition, claimants and potential claimants alike have underscored the lack of clear and concise direction when completing an application.  The inability of claimants to fully comprehend the instructions in the application process resulted in them settling for level 1 compensation in cases where they should have qualified for additional compensation. By extending the deadline, this will decrease the likelihood that claimants will settle for level 1 compensation simply because they are disillusioned with the process. 
6. Next, the claims process was not properly designed for survivors who do not speak or read English.  Translators were not available during the claims application process.  Extending the deadline to submit applications will allow for increased access to translators.
7. Notably, the claims process was predominantly processed online, leaving survivors who are not familiar with technology and connected to a wireless network confused and likely lead to improper compensation.  Extending the deadline will allow for more support in this area.
8. Lastly, Family members of deceased Indigenous persons without a Will, must apply to Indigenous Services Canada (ISC) for authorized letters, naming them as administrators of their deceased family members’ estate.  According to many administrators of estates, this process extremely lengthy, which creates yet another barrier for survivors to receive proper compensation.  Extending the deadline will allow for shorter wait times for administrators of estates to receive an authorized letter.

APPLICABLE AUTHORITY:

1. In accordance with the Truth and Reconciliation Process.  In order to redress the legacy of residential schools and advance the process of Canadian reconciliation, the Truth and Reconciliation Commission makes the following calls to action.  The reasons for this petition are reflected in the following Calls to Action:

   No. 26 - We call upon the federal, provincial, and territorial governments to review and amend their respective statutes of limitations to ensure that they conform to the principle that governments and other entities cannot rely on limitation defences to defend legal actions of historical abuse brought by Aboriginal people…Including No. 27 - We call upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal– Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.” This can be used to compare the claims process and how confusing it was to survivors to receive proper compensation…  
   As well as, No. 40 - We call on all levels of government, in collaboration with Aboriginal people, to create adequately funded and accessible Aboriginal-specific victim programs and services with appropriate evaluation mechanisms.

2. In accordance with the United Nations Declaration on the Rights of Indigenous Peoples, the following articles apply to this petition:

   “Article 1 - Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. 
    
   “Article 2 - Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity....”
    
   “Article 8 1 - Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them."
   
   In accordance with the applicable authority and the reasons stated above for the said petition, we respectfully request that this petition be granted immediately.