Challenge dropped, Indian day school settlement claims process to start early in the new year

A First Nations chief in Manawan, Que., has decided not to fight the Federal Court of Appeal's dismissal of his court challenge to the Indian day school settlement agreement, the law firm handling the settlement announced Thursday.

That means the processing of compensation claims for thousands of First Nations, Métis and Inuit for harms suffered while attending federally operated Indian day schools can begin in the near future.

Indian day schools operated separately from residential schools, so students were left out of the 2006 Indian Residential Schools Settlement Agreement that recognized the damage inflicted by residential schools and established a $1.9 billion compensation fund. Day schools were operated by many of the same groups that ran residential schools, however.

Last week, the Federal Court of Appeal of Canada dismissed a court challenge to the nationwide class settlement by Paul-Émile Ottawa, chief of Conseil des Atikamekw de Manawan, Que. He had challenged the settlement because he felt the agreement reduced access to justice for students who suffered serious physical or sexual abuses.

Gowling WLG, the law firm handling the settlement, announced Thursday it had received a letter on Dec. 18 on behalf of Ottawa from his lawyer stating that he does not intend to challenge the dismissal, and that he intends to discontinue a second appeal still pending.

Ottawa has not yet responded to a request for comment.

"This is a positive step forward for survivors in allowing the settlement to proceed. Class counsel is now in communication with the Federal Court on next steps for opening the claims process," said a statement from Gowling.

The settlement, which includes more than 120,000 former Indian day school students, was approved by the Federal Court in August. The claims process was set to begin this month subject to any appeals.

The settlement offers former students a range of compensation between $10,000 and $200,000, based on abuse suffered while attending the schools. A $200 million legacy fund will also be established for wellness and healing initiatives.

A spokesperson for Gowling WLG said they are confident they can now move toward implementation of the claims process "very early in the new year" but still don't have an official date.

When the date is announced, forms will be made available and former day school students will have two and a half years from the implementation date to submit a claim.