In what may put an end to the lingering issue, a Federal Court judge has approved a $2.8-billion settlement agreement between the Canadian government and plaintiffs representing 325 First Nations whose members went to residential schools.
In her ruling, Justice Ann Marie McDonald said the settlement is intended to help take steps to reverse the losses of language, culture and heritage through an Indigenous-led not-for-profit body.
She said “This settlement is historic both in terms of the quantum of the settlement and its unique structure”.
“As Canada remarked, the $2.8-billion settlement is not intended to put a value on the losses suffered by the Band Class members, as that is an impossible task.”
While calling the agreement “transformational,” she noted that the settlement does not release the federal government from future lawsuits related to children who died or disappeared at residential schools.
She affirmed that “I am satisfied that the settlement is fair, reasonable, and in the best interests of Band Class members. The Settlement Agreement is therefore approved”.
According to reports, the agreement was announced in January to settle the legal action for plaintiffs representing 325 nations seeking to address the harms done to their members by the residential school program.
NCNC gathered that as part of the agreement, the First Nations plaintiffs agreed to “fully, finally and forever” release the Crown from claims that could conceivably arise from the collective harms residential schools inflicted on First Nations, as alleged in a previous court filing.
The agreement clarified that this legal release would not cover or include any claims that may arise over children who died or disappeared while being forced to attend residential school.
The settlement now goes into an appeal period, after which the money will be transferred to a not-for-profit fund managed by a board of Indigenous leaders.
According to the agreement, affected Indigenous communities will each get to decide what to do with their settlement funds, based on the “four pillars” principles outlined in the agreement: the revival and protection of Indigenous language; the revival and protection of Indigenous culture; the protection and promotion of heritage; and the wellness of Indigenous communities and their members.
Meanwhile, the judge’s decision also said that the funds and their proceeds cannot be used to fund individuals or commercial ventures, be used as collateral to secure loans or as a guarantee.
It could be recalled that the suit was launched more than a decade ago by former Tk’emlúps te Secwépemc chief Shane Gottfriedson and former shíshálh Nation chief Garry Feschuk to seek justice and reparations for day scholars abused while attending residential schools.
Records have it that the suit initially consisted of the combined band reparations claim (known as the band class) and the residential school day scholars claim.
In June 2021, the Trudeau government reached an out-of-court settlement with day scholars, agreeing to pay cash compensation to survivors and their descendants, settling part of the Gottfriedson case.
However, Canada initially refused to negotiate with the remaining band-reparations plaintiffs. Their case was heading for trial until it was abruptly adjourned to pursue negotiations last fall, with the agreement announced in January pending court approval.
Gottfriedsson had in February, told a Federal Court judge in Vancouver that reaching the settlement with the federal government “means everything” to him.
He stated that it was “about time Canada steps aside” and lets First Nations themselves decide how to mitigate the harms done by residential schools.
Reports said under the agreement, there will be an initial payment of $200,000 to all 325 First Nations, which will allow them all to create a 10-year plan for how they want to revitalize their language and culture.
More so, more details for how funds will be disbursed are expected in the months to come, reports said.
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