Court sides with residential school day students, not Canada

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ANOTHER HURDLE CLEARED ON THE WAY TO JUSTICE FOR ABORIGINAL DAY SCHOLARS
For Immediate Release: Vancouver
April 10, 2014

The Federal Court of Canada has sent another clear message that Canada cannot delay of the proposed class action law suit launched on behalf of native students who attended Canada's Residential Schools but who went home at night.

In August, 2012, the Tk'emlúps te Secwépemc Indian Band and the Sechelt Indian Band, on behalf of the bands and band members launched the Day Scholars Class Action Law Suit against Canada to seek compensation for those band members who attended Indian Residential Schools, but who did not live at the schools.

In a hearing held in Vancouver on April 9, 2014, Justice Harrington dismissed Canada's motion seeking more information from these Day Scholars that Canada argued it needed to properly defend the case.

The motion was the latest in a series of actions taken by Canada that would have added time and cost to this law suit.

Canada argued that the Statement of Claim did not provide enough detail for Canada to properly prepare its case going forward. Justice Harrington rejected their argument, telling Canada that the bands' position wasn't so hidden that Canada wouldn't find it in the pleadings and the evidence filed in November, 2013 in support of the Certification of class action. Justice Harrington also urged both Canada and the bands to keep moving this matter forward.

Tk'emlúps te Secwepemc Chief Shane Gottfriedson stated "The Court is telling us that it understands that this matter must move forward quickly, many of the survivors are old, and the more this case is delayed, the fewer will survive to see justice done. There have been three of the surviving Day scholars in Sechelt who have died since December 2013 and one of the Plaintiffs from Kamloops died on the Friday before the hearing. The survivors are running out of time. Chief Calvin Craigan, Sechelt shíshálh Nation stated that "Canada should realize that their attempts to slow down this case and force extra costs on us are being seen by the Court as what they are -delay tactics and it's clear that the Court won't put up with them."

Gottfriedson further stated that "This court case is about the injustices that our people have endured and we are seeking justice for both Tk'emlúps te Secwepemc, Sechelt and for all of our nations and we will continue to resolve these injustices!

With this procedural matter dismissed, the law suit will continue to move forward towards certification as a class action. That hearing is currently proposed for late 2014 or early 2015.

Coordinators Contacts:
Jo-Anne Gottfriedson
Day Scholar Coordinator
Tk'emlúps te Secwepemc
200-300 Chief Alex Thomas Way
Kamloops, BC V2H 1H1
Telephone: 250-828-9788
Email: jo-anne.gottfriedson@kib.ca<mailto:jo-anne.gottfriedson@kib.ca>

Taleetha Elliott
Day Scholar Coordinator
Shisha'lh Nation
Telephone (604) 885-9404 ext: 267
Email: telliott@secheltnation.net<mailto:telliott@secheltnation.net>

Legal Contacts:
Peter Grant
PETER GRANT & ASSOCIATES
#900-777 Hornby Street
Vancouver, BC. V6Z 1S4
Phone: 604-685-1229

John Phillips
PHILLIPS GILL LLP
200-33 Jarvis Street
Toronto ON. M5E 1N3
Phone 416-703-1900