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Residential Schools

For more information please e-mail or call 1 877-398-0497.


The National Residential Schools Class Action


Updated September 20, 2007

We are pleased to announce that Claim Forms are now available.


Application forms for the Common Experience Payment and the Individual Assessment Process may be downloaded by clicking here:

http://www.residentialschoolsettlement.ca/claim_forms.html

If you would like to request that a Common Experience Payment Claim Form be sent to you, please contact Service Canada at 1-866-699-1742 (TTY 1-800-926-9105).

Persons who were sexually abused or severely physically or psychologically abused at the schools may be eligible to apply for an additional payment through the Independent Assessment Process.

If you would like an Independent Assessment Process ("IAP") Claim Package to be sent to you, please contact the IAP Information Line at 1-866-879-4913.

If you are seeking legal assistance in making a claim, please contact us at 1-877-398-0497, or residentialschools@kmlaw.ca and we will be glad to discuss the process with you.

Please note:

Common Experience Payment ("CEP") claim forms are currently being sent to any former student who is in the Notice Administrator's database. If you received a notice package in the mail previously, a CEP claim form package will be sent to you by mail shortly.

You may also obtain a copy of the CEP claim form on-line by visiting the Service Canada website at http://www.servicecanada.gc.ca/en/goc/cep/apply.shtml or the Indian Residential Schools Resolution Canada (IRSRC) website at www.irsr-rqpi.gc.ca.

Questions pertaining to the CEP can be directed to Services Canada at 1-866-699-1742.

IRSRC has also issued a news release dated September 19th, 2007. To view this announcement, please click here:

http://www.irsr-rqpi.gc.ca/english/documents/Implementation%20Date%20%20News%20Release%20-%20ENG%20FINAL.pdf

For weekly updates from the Court please visit:

http://www.classactionservices.ca/IRS/updates.htm

The Settlement Agreement:

On March 8, 2007, final court approval was obtained for the Residential Schools Settlement Agreement.

The Residential Schools Class Action Settlement was approved by the Honourable Mr. Justice Winkler of the Ontario Superior Court of Justice on December 15, 2006. Orders approving the residential school settlement have since been signed by all nine Courts involved in the settlement approval process.

The deadline for opting out was August 20, 2007. To view the official news release with respect to the opt-out period please click here:

http://www.classactionservices.ca/IRS/documents/IND-PR3-ENG.pdf

For basic information on the settlement, please read this one-page court-ordered Notice

For more detailed information please click on this link: Court Authorized Notice

Background:

The law firm of Thomson, Rogers issued a Claim in the Ontario Superior Court of Justice, on behalf of thousands of people, seeking redress for abuse in Residential Schools.

This multi-billion dollar class action suit involves claims of the thousands of former residents of these schools for neglect, sexual and physical abuse, and the systematic destruction of their cultural and family relationships, from 1920 to 1996. The Defendant is the Government of Canada, which planned the project of assimilation, and oversaw the operation of these institutions.

The representative plaintiffs in this action are from northwestern Ontario. They attended residential schools in their childhood and were victims of a range of serious mental, physical, cultural and sexual abuses. They and their families have suffered inter-generationally from the effects of this abuse. They seek compensation on behalf of all survivors and their immediate family members, for pain and suffering, loss of employment opportunities and impact on quality of life, as well as punitive damages.

As one of the counsel acting on behalf of the plaintiffs in the Ontario class action regarding the Mohawk Institute Residential School in Brantford, Kirk Baert of Koskie Minsky has agreed to participate in the consortium of plaintiff counsel representing residential school survivors in the Baxter action. This consortium, through a steering committee, is now directing the Baxter Action.

To view a map of Residential Schools across Canada that could be affected by the Settlement click here

Click here for a legend of the map.

For more information:

For more information on the National Class Action, please visit our co-counsel's website at: http://www.thomsonrogers.com/classaction.htm

For more information on the Mohawk Class Action please visit our co-counsel's website at http://www.cohenhighley.com/mohawk/index.html

Caution: Some information may trigger painful memories and feelings for survivors and inter-generational survivors of these institutions. As a result, if you or a family member wishes to talk to a counsellor, call the Indian Residential School Survivors Society toll-free at 1-866-925-4419. Please note: counsellors are available 24 hours a day, 7 days a week.

IMPORTANT NOTE:

This website has been developed to provide general information to potential class members on the class proceedings that have been commenced on behalf of Residential Schools survivors.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.



Copyright © Koskie Minsky LLP, 2008