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If you attended the Schools in Cartwright, North West River, Makkovik, Nain or St. Anthony run by the International Grenfell Association or the Moravian Church, a class action settlement could affect your rights.


News provided by

Supreme Court of Newfoundland and Labrador

May 10, 2016, 12:34 ET

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The Supreme Court of Newfoundland and Labrador authorized this notice.
This is not a solicitation from a lawyer.

ST. JOHN'S, May 10, 2016 /CNW/ - The Supreme Court of Newfoundland and Labrador authorized this press release, and other forms of notice, as part of a notification program to inform former students of the Schools in Cartwright, North West River, Makkovik, Nain or St. Anthony run by the International Grenfell Association ("IGA") or the Moravian Church, about their potential legal rights in a class action settlement.

Former students have sued the Federal Government of Canada ("Canada") about the management and operation of the Schools in Cartwright, North West River, Makkovik, Nain and St. Anthony run by the IGA or the Moravian Church and the harms and abuses committed against the children who attended them. The lawsuits claim that Canada exposed former students to child abuse, neglect, and physical, emotional, psychological and sexual abuse. The Plaintiffs claim that Canada did not protect students' physical and mental well-being even though it was its duty to do so. The lawyers for the Plaintiffs began presenting their claims at the trial which started in September 2015.

The representative former students and Canada have now reached a $50 million settlement ("Settlement") that provides compensation for former students who attended.

The application to have these Schools added to the 2007 Indian Residential Schools Settlement Agreement ("IRSSA") was denied. These Schools are not considered eligible Indian Residential Schools in IRSSA, and former students are not able to get compensation for attendance or pursue abuse claims as part of the Individual Assessment Process in that settlement. Eligible Class Members in the case are not excluded from this settlement if they received compensation through IRSSA for attendance or harm suffered at another school covered by IRSSA.

Unless they have previously removed themselves from the lawsuit, the Settlement is available for anyone who was alive as of November 23, 2006 and who attended the IGA or Moravian Schools in the following locations between the dates listed:

                      i.       

Cartwright - April 1, 1949 to June 30, 1964

                     ii.       

Northwest River - April 1, 1949 to June 30, 1980 

                    iii.       

Nain - April 1, 1949 to June 30, 1973

                   iv.       

Makkovik - April 1, 1949 to June 30, 1960

                    v.       

St. Anthony - April 1, 1949 to June 30, 1979

The class action no longer includes claims for the "Family Class", being family members of the former students. These claims were discontinued at trial by a decision of the Court. There is no compensation available for the Family Class in this Settlement and any further claims are now barred.

The Court has not decided whether Canada did anything wrong. The Settlement must be approved by the Court before there is any money available.

The Court will hold a Settlement Approval Hearing at 10:00 a.m. on September 27, 2016 at the Supreme Court of Newfoundland and Labrador in St. John's, Newfoundland and Labrador. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and in the best interests of the Class. If there are objections to the Settlement, the Court will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement.

Should the Settlement be approved, a further notice will be released explaining the claims process and how to receive a payment if you are eligible.

The hearing may be moved to a different date or time without additional notice. For more information and updates go to www.kmlaw.ca/cases/newfoundland-residential-schools, by email at [email protected] , or call 1-800-994-7477.

SOURCE Supreme Court of Newfoundland and Labrador

PRESS CONTACTS: Kirk Baert, Lawyer, Koskie Minsky, Office (416) 595-2117; Steven Cooper, Lawyer, Ahlstrom Wright Oliver & Cooper LLP, Office (780) 464-7477, Toll Free 1-800-994-7477, Cell (780) 918-7964, [email protected]; Ches Crosbie, Lawyer, Patient Injury Law, Office (709) 700-0338, Toll free 1-888-933-2437, Cell (709) 330-3955, [email protected]

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