Annex B: Outline of Indigenous childhood claims litigation information to be retained
| Settlement Agreement or Litigation | About | Relevant Records |
|---|---|---|
| Newfoundland and Labrador Residential Schools (Anderson Settlement, 2016) | The Newfoundland and Labrador Residential Schools Settlement Agreement provided compensation to former residents of five residential schools located in Newfoundland for their attendance and any sexual and physical abuse suffered. This includes, the Lockwood School (Cartwright, Labrador); Makkovik Boarding School (Makkovik, Labrador); Nain Boarding School (Nain, Labrador); St. Anthony Orphanage and Boarding School (St. Anthony, Newfoundland); and Yale School (Northwest River, Labrador). | Potentially relevant records include documents related to the five residential schools such as:
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| Sixties Scoop (Sixties Scoop Status Indians and Inuit Settlement Agreement, 2018) | The Sixties Settlement Agreement is a national class action settlement of litigation involving Status Indian and Inuit children who were removed from their homes in Canada between January 1, 1951 and December 31, 1991 and were adopted by non-Indigenous families, became Crown wards or were placed in permanent care settings during the Sixties Scoop. | Potentially relevant records include documents related to the apprehension and placement of First Nation and Inuit children in non-Indigenous homes. |
| Federal Indian Day Schools (McLean Settlement Agreement, 2019) | The Federal Indian Day Schools Settlement Agreement is an out of court settlement to resolve a national class action filed on behalf of former students at federally-operated Indian Day Schools. Through this settlement agreement, all persons who attended one of the 699 eligible Federal Indian Day Schools are able to apply for individual compensation for harms, including physical and sexual abuse, associated with their attendance. | Potentially relevant records include those related to Canada's establishment, funding, and management of Federal Indian Day Schools such as:
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| Indian Residential Schools Day Scholars (Gottfriedson Settlement Agreement, 2021) | Shane Gottfriedson et al. v. Her Majesty the Queen in Right of Canada is a certified class action filed on behalf of former students who attended, but did not reside at Indian Residential Schools. While Day Scholars at Indian Residential Schools were eligible to receive compensation for physical and sexual abuse under the Indian Residential Schools Settlement Agreement, they were not eligible for the Common Experience Payment. A settlement agreement with the Survivor and Descendant classes has been reached. | Potentially relevant records are similar to those outlined in Annex A, with a focus on students that attended the IRS during the day but returned to their homes at night. |
| Métis Non-Status Indian (MNSI) Sixties Scoop | Varley et al v. Attorney General of Canada is a certified class action seeking relief for a class of Métis and Non-Status Indians affected by the Sixties Scoop. This claim alleges negligence and breach of fiduciary duty in relation to Métis and Non-Status Indian persons who were taken and placed in the care of non-Indigenous foster or adoptive parents who did not raise the children in accordance with the Indigenous person's customs, traditions, and practices. | Potentially relevant records include documents related to the apprehension and placement of Métis and Non-Status Indian children. |
| Federal Indian Hospitals | Ann Cecile Hardy v. Attorney General of Canada is a certified national class action alleging that Canada acted negligently in the creation, funding and operation of thirty-one Federal Indian Hospitals between 1936 and 1981 and due to this alleged negligence former patients suffered physical, sexual and psychological abuse. | Potentially relevant records include those related to Canada's establishment, funding, and management of Federal Indian Hospitals (including Sanatoria) such as:
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| Federal Indian Boarding Homes | Reginald Percival et al v. Her Majesty the Queen in Right of Canada was brought forward on behalf Indigenous persons who were placed by the Government of Canada in private homes for the purpose of attending school, excluding placements made for the purpose of attending a post-secondary educational institution, and their descendants. The plaintiffs allege that Indigenous students were placed in private homes, away from their communities and families, without reasonable access to language, culture, heritage, customs, and Aboriginal and treaty rights. It is claimed that while residing in these homes, children experienced physical, sexual, emotional and psychological abuse. | Potentially relevant records include those related to Canada's establishment, funding, and management of Federal Indian Boarding Home such as:
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| Non-Federal Residential Schools and Hostels | Non-Federal Residential Institutions are both residential schools and student residences where former residents were not eligible for compensation under the Indian Residential School Settlement Agreement (IRSSA) as these facilities were operated and administered by provincial school boards, private companies and/or religious entities. Depending on the institution, placements of registered Indian children were financially supported by Canada. Some notable institutions include Île-à-la-Crosse, Timber Bay, Teulon, Pavilion Notre-Dame de la Route (Louvicourt), Drumheller Composite, Moosehorn Lodge and Frontier Collegiate. |
Potentially relevant records include:
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| Indian Residential Schools Continuing Claims | Article 4.06(i) of the Indian Residential Schools Settlement Agreement (IRSSA), allows individuals that did not participate in or receive benefits under the IRSSA to pursue their claims by commencing separate legal proceedings. | See Annex A for examples. |
| Child Welfare Off-Reserve | Cheyenne Walters et al. v. Attorney General of Canada is a proposed national class action seeking redress for Indigenous (First Nations, Inuit and Métis) children and youth who were removed from their homes, off-reserve, in Canada between January 1, 1992 and December 31, 2019 and placed in the care of individuals who were not members of the Indigenous group, community or people to which they belong. | Potentially relevant records include those related to Indigenous child welfare off-reserve since January 1, 1992. |
| Provincial, Territorial, Private and Parochial Schools | The 1951 Indian Act authorized Canada to enter into agreements with provincial and territorial governments; public or separate schools boards and religious or charitable organizations to allow children residing on reserve to attend school. Canada provided funding for the "maintenance and tuition" for registered Indian pupils in attendance. Students from these schools have not been eligible for compensation in past settlements as Canada was not responsible for the administration of these schools. | Potentially relevant records include:
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