Day school settlement has paid out $5.7B in claims. A Supreme Court petition says survivors were shortchanged

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A man walks past the Supreme Court of Canada, Friday, June 16, 2023 in Ottawa.

Day school settlement has paid out $5.7B in claims. A Supreme Court petition says survivors were shortchanged | CBC News Loaded

Now she wants the Supreme Court of Canada to step in because she says the government, the claims administrator and the law firm that struck the 2019 settlement agreement on behalf of survivors have failed to represent their best interests. To this day, Waldron said, she has difficulty going to the dentist and now warns staff before procedures about the trauma she experienced.Expediency, cost overshadowed needs of survivors, lawyer says

Racine said he's been contacted by hundreds of other claimants who filed for the lowest category of compensation because they couldn't understand or get any advice on how to apply for the higher levels. "It's difficult to hear people's experiences and even more so when you know they're being revictimized through a process that we thought would be fair, just and empathetic," Swan said.Swan is calling for an independent First Nations-led review of the settlement, and other settlements involving Indigenous survivors of the abuse.

So far, 148,733 claims have been paid, totalling $5.7 billion, according to Crown Indigenous Relations. "When people sit down and talk about bullying, the straps, I can't see how that many people could be level ones," said Swenson, who works at CHS Law in Saskatoon. Lametti said his government had good intentions when it decided to settle instead of continuing litigation. He said the government tried to simplify the claims process to avoid triggering trauma."To the extent that mistakes were made, and certainly mistakes were made, hopefully we get it better next time."Both Gowling and claims administrator Deloitte declined CBC's interview requests.

But CBC News has learned that Gowling planned to end its free legal services for claimants by Jan. 14, 2024, unless it received an additional $6 million over three years. Jasminka Kalajdzic, a law professor and founding director of the class action clinic at the University of Windsor, questions why a similar openness to revising the settlement agreement wasn't given to class members.

 

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