NATIONAL MCLEAN DAY SCHOOL CLASS ACTION

CLAIMANT INFORMATION UPDATE January 8, 2013 1. WHATS HAPPENING WITH THE NATIONAL McLEAN DAY SCHOOL CLASS ACTION?
Day Schools were established on or near reserves to provide education to Indian, Inuit and Mtis children and the purpose of the day schools was to kill the Indian in the child. In 2009, Joan Jack Law Office filed the claim in the Manitoba Court of Queens Bench (CI 09-0162181) and, from 2009 to 2012, with the assistance of many grassroots volunteers, Joan and her staff were able to collect Initial Contact Forms from thousands of day school survivors who have now registered with this claim. In the fall of 2012, Joan Jack joined Alghoul & Associates as Special Counsel to work on the day school class action, Indian Residential School IAP claims, and Aboriginal Law in general. With respect to the day school class action, data analysis has begun and we continue to receive the Initial Contact Form that is available at www.joanjack.ca along with other updates or by calling Toll Free to: 1-877-378-4487.

2. NEXT STEP - MOTION TO CERTIFY

When there is a group of people harmed and they decide to sue whomever they say harmed them, their lawyers try to find as many people in the group(s) harmed and prepare the legal arguments to establish that their claim is valid. Thats why its a class action law suit, because the group or groups are called classes where those in the class (group) suffered similar harm and thus receive similar compensation. The process of establishing the class action claim as valid is called seeking a Motion to Certify and that happens when a Judge hears both sides of the legal arguments and says, basically, that the class action claim is valid, or not. Once the class action claim is judged as valid and the classes are established, typically, in Canada, all class action lawsuits are resolved through negotiations and result in a Settlement Agreement like the Indian Residential School Settlement Agreement (IRSSA). The national day school class action we filed in 2009 has NOT been certified as we are continuing to research the classes (groups) and schools and this is a long process as there were thousands of day scholars and day school students all over Canada that did not received compensation under the IRSSA. There is NO Day School Settlement Agreement resulting in compensation for day scholars or day school students yet.

200-286 Smith Street, Winnipeg, Manitoba, Canada R3C 1K4 Tel: (204) 942.8070 Toll Free: (877) 378.4487 Fax: (204) 775.0902

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3. WHAT IS THE DIFFERENCE BETWEEN A DAY SCHOLAR AND A DAY SCHOOL STUDENT?
3.1 DAY SCHOLARS are those who attended school DURING THE DAY at an Indian
Residential School that is on the list in the Indian Residential School Settlement Agreement (IRSSA). This group of students has become known, as day scholars because, although they didnt get the Common Experience Payment, were entitled to file an ABUSE claim through the IRSSA before the September 19, 2012.

3.2 DAY SCHOOL STUDENTS are those students now claiming they were harmed at STAND
ALONE day schools situated on or near their reserves or Mtis and Inuit communities. Day School students did NOT go to residential school at all, but attended the day schools that operated at the SAME TIME AND FOR THE SAME PURPOSE as the residential schools.

3.3 DOES THE McLEAN DAY SCHOOL CLASS ACTION COVER BOTH TYPES OF STUDENTS?
Most likely, but were not sure yet because work for the Motion to Certify is not complete.

4. SECOND ANNUAL CONFERENCE

MCLEAN

DAY

SCHOOL

CLASS

ACTION

On May 2 & 3, 2012, Spiritwind, the Sandy Bay First Nation C&C and Joan Jack Law Office, held the 1st McLean Day School Class Action conference and the 400 or so day scholar and day students who attended in Winnipeg, Manitoba drafted, reviewed and approved a fundraising letter that was then sent out from my law office on their behalf asking First Nation governments to contribute at least $500 each to move their case forward. Furthermore, everyone said there should be another national McLean Day School conference in a year and that they wanted similar conferences in their own provinces. To date approximately, 10 First Nations have contributed between $500 and $1500 each and approximately 900 day school survivors have contributed $25 each. Joan Jack Law Office has invested in this claim and along with Joans investment, the financial contribution by First Nation governments or individual day school survivors was used over the last three years to distribute and collect Initial Contact Forms and continue the public education process around the day school claim by traveling to communities. Spiritwind and Alghoul & Associates, where Joan Jack is now Special Counsel, will be organizing a 2nd Annual McLean Day School Class Action Conference for May 23 rd & 24th, 2013 in Winnipeg at the Winnipeg Indian & Metis Friendship Centre.

5. KNOW THE WORKSHOP

DIFFERENCE

BTW

IRS

IAP

&

DAY

SCHOOL

LOUAY ALGHOUL &/OR JOAN JACK will be traveling to communities as Joan has done for the last three years to help the people affected in our communities understand the difference between the Indian Residential School Settlement, Day Scholars and Day School Students. To book a Workshop in your community or region Call Kathleen or Destiny Toll Free at 1-877-378-4487

200-286 Smith Street, Winnipeg, Manitoba, Canada R3C 1K4 Tel: (204) 942.8070 Toll Free: (877) 378.4487 Fax: (204) 775.0902