First Nations day students, feds hope to avoid court

KAMLOOPS — Three First Nations say they have reached a memorandum of understanding with the federal government that could keep their bid to include day students in a settlement for residential school survivors out of court.

The Tk’emlups and Sechelt bands in B.C. launched a classaction lawsuit in 2012 after a settlement between the government and about 86,000 residential school survivors excluded day scholars — students who attended the schools but did not live at them. They were later joined in the lawsuit by the Grand Council of the Crees in Northern Quebec.

The First Nations said the memorandum commits both sides to resolve the case without going to court by finding a fair settlement in a timely manner.

Jo-Anne Gottfriedson, the Tk’emlups day scholar co-ordinator, said it’s hoped this development will allow the First Nations to avoid a legal fight.

“We hope that we will have a mutual understanding and if not, there’s still that litigation process that we can fall back on,” Gottfriedson told CFJC-TV in Kamloops. “But we’re definitely hopeful at this point, because it’s been long overdue and the day scholars endured just as much as the residential school students.”

The Department of CrownIndigenous Relations and Northern Affairs did not immediately comment on the statement issued by the First Nations.

Gottfriedson estimated that about 70,000 Indigenous people qualify as day scholars.

“There are so many people who are impacted by this, and I’m really happy that we’re going to move forward on it and work together, acknowledging each other’s sovereign governance, which is very hopeful,” she said.

The affected First Nations in B.C. have said that the students attended 140 schools across Canada.

The lawsuit filed by the First Nations also seeks to clarify Canada’s role in the failure to protect aboriginal language and culture.