Indigenous Class Action Settlement Reached with Canada

Former BC Regional Chief Shane Gottfriedson (Left) and Crown Indigenous Relations Officer Marc Miller (Right) | Photo Credit: Darryl Dyck/The Canadian Press via The Tyee

The federal government and 325 representative plaintiffs from various Indigenous bands have recently settled a lawsuit over residential schools for $2.8 billion. Known as the Indigenous Class Action Settlement, the lawsuit preceding it has been litigated since 2012.

Originally brought forth by former BC Regional Chief Shane Gottfriedson and Band Councilor Garry Feschuck, the lawsuit consisted of the combined Band reparations claim, known as the Band class, and the residential school day scholars claim. Day scholars were Indigenous survivors who only attended residential schools during the day, and were not a part of the historic 2006 residential schools settlement.

In 2021, part of the lawsuit was settled when the Canadian government agreed to give compensation to all residential school survivors and their descendants. The Indigenous class action lawsuit builds off of the 2012 lawsuit and covers what was not resolved. 

The residential school system forced Indigenous children away from their homes, and their way of life. They were no longer allowed to speak their language, visit their families, or practice any of their traditions. The goal of this settlement is to acknowledge residential schools as a vital part of Canadian history.

“Ten days before trial was to start, Canada offered to settle,” stated Gottfriendson at a press conference in Vancouver on Jan. 21. “Today, we are representing 325 Indigenous nations across Canada to develop a settlement plan to allow nations to work toward the four pillars.” 

The four main pillars of the residential school settlement agreement are: Revitalization of language, revitalization of culture, wellness for people, and heritage commemoration.  

“While settlements like those announced today do not make up for the past, what they can do is address the collective harm caused by Canada’s past,” said Crown Indigenous Relations Officer Marc Miller while announcing the settlement at a conference in Vancouver. 

According to Miller, the $2.8 billion will be put in a trust fund and will operate for 20 years. If the government approves the settlement, it will run independent of the federal government.

How the Indigenous nations choose to use the settlement money is up to them, stated Peter Grant, lawyer and class counsel for the plaintiffs. “They are expected to report back to the non-profit board regularly, but there are no strict requirements for how the funds should be used.”  

Approval for the Indigenous class action settlement will be decided by the court, who will consider the settlement and decide whether it is sensible and fair.