‘They’re Back For More …’

“I have spoken many times…about how controversial the Residential Schools matter is…  Many stepped forward to tell stories of supposed woes, garner the sympathy of whoever holds the purse strings, and obtained “compensation” for the pain and suffering they supposedly endured.   

“The party line says that you must all agree that this happened everywhere — not just in remote communities up north, no, it was endemic — and so all Residential Schools must be tarred with the same brush…

“However, if one looks at the objective facts, and speaks to respected elders who were there and whose stories have NOT been told, you will hear a very different scenario.” ERBLThey'reBackForMore...800x800‘Opportunist Ambulance Chasers Try to Scam More Money from the Government over Residential Schools’ 

“In an article entitled ‘Compensation for Sixties Scoop and Day School Abuse’ — found in “Two Row Times”, 28 October 2015, p.4 — we learn that some law firm proposes that there are  

    “victims of Canada’s assimilation policies through residential schools and other legislative bodies that have fallen through the cracks when it comes to financial compensation”.   

“The solution: a class action lawsuit to grab more money from the Canadian taxpayer… 

“I have spoken many times in this blog about how controversial the Residential Schools matter is at Six Nations.  Many stepped forward to tell stories of supposed woes, garner the sympathy of whoever holds the purse strings, and obtained “compensation” for the pain and suffering they supposedly endured.   

“The party line says that you must all agree that this happened everywhere — not just in remote communities up north, no, it was endemic — and so all Residential Schools must be tarred with the same brush. 

“The approach worked well at Six Nations with the publication of a book entitled “The Mush Hole”, pertaining to the ‘Mohawk Institute’ in Brantford (actually on the Six Nations Reserve, even to this day).  {This is the school in the main image…} 

“However, if one looks at the objective facts, and speaks to respected elders who were there and whose stories have NOT been told, you will hear a very different scenario.  I have said on more than one occasion, while most will not speak against the party line at “inquiries” and the like, they will to insiders.   

“The most succinct statement of the reality was told to me in this way:   

    “At home we were beaten, had nothing to eat and learned nothing; at school we were beaten, had 3 meals a day, and learned something”.   

“To deny these stories is to try to shape the past to fit the common myth — and the truth be damned.  Not only this, but most of the teachers at Six Nations in past years were taught at the Mohawk Institute. The story is now so distorted that most are inclined to listen only to those who relay their perceptions of the horrors they claim to have experienced — all other versions are suppressed. 

“So now, some might say that a group of fly-by-night ambulance chasers are proposing to squeeze more money out of perceived abusers because it is possible that some at Six Nations may have not received enough, or even any, compensation.   

“Add in something called “Sixties Scoop” and “Day School abuse” — where half of the students went home at night, but “were subject to the same life-altering abuse as well” — and you have the makings of a fine class action lawsuit.  60s-scoop-logo2“What many seem to fail to realize is that many of us across Canada had a rough time at school — it was not only Indian children who experienced brutality at school.  I was bullied and abused at Day School — that was indeed the experience of half or more of kids at school in the 50’s and 60’s, and even into the 80’s.  I still carry the physical and emotional scars.   

“It was the times, and I don’t want a dime in “compensation”.  The times have changed for the better and methods instituted to ensure what I went through will be far less likely to be foisted on some poor youngster today.  Unfortunately, there is a group of whiners and complainers who have no ambition and put the blame on everyone and everything but themselves for any misfortunes.  A suggestion here would be to take some responsibility and realize that sh*t happens and it is how you deal with it that makes you strong — not blood money.  

“These legal eagles say — as you hear on TV all the time with lawyers offering their personal injury services — that we “will only be paid if you win your case, based on a percentage of compensation paid to the client”. 

“A cynic here might say that what the lawyers are hyping is that, “you too can also be compensated for ‘cultural genocide’ and assorted ills; it merely requires you to step forward and sign on the dotted line — what do you have to lose?” 

“It would not be surprising if some would feel contempt for those involved in such questionable actions for monetary gain.”
“The “we are victims of colonialism, cultural genocide and 1924” have become entrenched at Six Nations. Getting the message across that it is necessary to break free from perceptions of the past, whether true or not, in order to move forward into the future and succeed in life has only reached a few ears willing to listen.”
“A more nuanced and balanced view with the inclusion of the statements of many Indigenous people who benefited greatly from their school experience (but which is withheld for a number of reasons) is much needed. I wish those at Six Nations who have fond memories of their time at Residential School would step forward and state emphatically that the whole matter is not so black and white as the militant activist groups would have you believe.” 

–‘Opportunist Ambulance Chasers Try to Scam More Money from the Government over Residential Schools, etc.’,

Deyoyonwatheh, 29 October 2015  


Sechelt Indian Band Logo (CNW Group/Sechelt Indian Band)
Sechelt Indian Band Logo (CNW Group/Sechelt Indian Band)

“Time is running out for ‘First Nations’ across Canada to join a class action lawsuit seeking compensation for aboriginal students who attended a residential school but did not live there. 

“The Sechelt Indian Band and the Tk’emlups Indian Band launched the day scholars class action suit in 2012, and the February deadline to opt in is approaching. 

“Sechelt ‘Nation’ counsellor Chief Garry Feschuk says the students attended 140 schools across Canada and that 10 other bands have joined the action so far, including those from Alberta and Manitoba. 

“The suit also hopes to clarify Canada’s role in the failure to protect aboriginal language and culture, and seeks compensation for the children of ‘survivors’ and the bands representing ‘survivors’. 

“Supporters say Canada has recognized residential schools played a key role in what has been called {by fanatics} a ‘cultural genocide’, but that the federal government also needs to provide compensation for day students. 

“Chief Shane Gottfriedson of the Tk’emlups Indian Band says the stories of those who lost their language and culture while attending residential schools cannot be ignored.”  

–‘Deadline looms in class action suit for residential school day students’,  

Canadian Press,  November 9, 2015  

http://www.theprovince.com/life/deadline+looms+class+action+suit+residential+school+students/11504658/story.html60sScoopLawsuitHere’s the ‘Two Row Times’ article referred to above:  

“There are some victims of Canada’s assimilation policies through residential schools and other legislated bodies that have fallen through the cracks when it comes to financial compensation. However, there may be other class action suits for those affected by the Sixties Scoop, and Day School abuse that you may qualify for, says representatives of ‘Pace Law Firm’ Elaine Bright, Anu Malhotra and Abby Carpenter. 

“The trio were at the ‘Six Nations Community Hall’ Friday night to explain other class action suits for some who, for whatever reason, did not qualify for the Residential Schools compensation settlements already paid out. 

“They suggested those in attendance add their name to either of these other class action suits in progress, even if you were rejected for other compensation packages. 

    “I am optimistic about the Day Schools claim especially”, said Bright. 

“This is a claim on behalf of those who attended residential schools as a day student and suffered the same abuse as those residing at the schools. Although many were forced to live 24/7 in residence, there were others who got to go home at night or on weekends but were subject to the same life-altering abuse as well. 

“Individuals can apply any time for compensation if they suffered sexual abuse or serious physical abuse in day school, foster care or anywhere that a government or organization had responsibility for the person who was abused… 

“The Firm does not charge any fee if you are found to be ineligible for compensation, and will only be paid if you win your case, based on a percentage of compensation paid to the client. 

“Another possible class action suit that one might qualify for, is for victims of the ‘Sixties Scoop’. Between 1964 and 1985, government policy was to remove Onkwehonwe children from their culture and families to be placed in foster homes of non-Native caregivers, thus being separated from their identity and assimilated as Canadians in non-Native homes. 

“There are many cases of various forms of abuse from this practice, as well as the ‘cultural genocide’ it produced. 

   “This case is about loss of culture only, not abuse”, she explained. “This claim applies to individuals who were removed from a reserve in Ontario between 1964 and 1985 and ended up living with non-aboriginal persons who did not teach you any of your traditions.” 

“Once again, anyone who may have found themselves in this situation were encouraged to sign onto this class action as well, since there is no cost to do so. More information about this kind of situation can be found at www.sixtiesscoopclaim.com . “

–‘You may qualify for compensation for Sixties Scoop and Day School Abuse’,

Jim Windle, Two Row Times, October 28, 2015  

http://tworowtimes.com/new/you-may-qualify-for-compensation-for-sixties-scoop-and-day-school-abuse/ambulance-chaser_1407More from the law firm:

“Residential school claims are coming to a conclusion. Will that be the end of abuse claims by aboriginal people in Canada? Definitely not.  {!!!}

“Class actions have started across Canada seeking compensation for abuses that took place at “day schools” – schools on reserves that were run by the federal government. Other actions have been commenced seeking compensation for victims of the “Sixties Scoop.” During this period, Canadian governments took many children from native families and placed them with non-aboriginal families, where the children grew up without access to their native language and culture. Individual claims also continue to be made in cases of severe abuse that took place in day schools, foster care, and similar settings.  

“Well-known lawyer Joan Jack filed a national class action in 2009 seeking compensation for day school students from across Canada for their treatment. Jack points out that native children who attended day schools suffered much the same treatment as students who attended residential schools: being forced not to use their native language, and being taught that their culture and way of life were inferior to European-Canadian language and culture. This class action has more than 11,000 people signed up to be part of the proceedings.  

“Other day school class actions are under way across Canada. The usual steps involved in such actions are: finding representative members of the proposed class, filing the action, and asking a court to certify the action. A certification decision may be appealed through various levels of court. Once certification is finalized, negotiations usually take place to settle the action, and eventually class members are paid. The whole process can take many years. In the case of the ‘Residential School Settlement Agreement’, numerous class actions were filed, and several were certified, before the federal government agreed to negotiate a settlement.

“A class action against the government of Canada on behalf of native children taken from their homes in Ontario during the Sixties Scoop was certified conditionally in 2010. The government appealed and the case was sent for a new certification hearing. Once again, the action was certified – this time unconditionally – and once again, an appeal was launched.  {She — being a lawyer, after all — deliberately leaves out the fact that this ‘certification’ was overturned in 2011, and again on appeal in 2012. Yet, they persist: http://aptn.ca/news/2012/01/10/court-tosses-60s-scoop-lawsuit/ }

“Aboriginal people in Canada often ask – how long will it take? Is the government hoping more people will die so that they do not have to pay as much compensation? The answer is that class actions always take a long time. There is no reason to assume that the government is doing anything other than following the law and taking the steps permitted by the law to defend itself against these lawsuits.  

“Non-aboriginal Canadians sometimes ask – haven’t we paid enough? The answer I give is this: if I had been taught in school over many years that my language, culture and way of life were inferior; or if I had been taken from my home as a young child and placed in a completely foreign environment, I would want any compensation I could get for the harm those actions caused. Just because Canada has paid for causing other harms does not affect our obligation to pay further compensation that we owe. As a taxpayer, I want our government to pay our debts. {You mean, ‘As a lawyer, I smell money’…} 

“The Residential School Settlement Agreement was a major development in reconciling aboriginal and non-aboriginal relations in Canada. There is still a long {profitable} road ahead.”  

–Elaine Bright

(Elaine Bright is a lawyer with ‘Pace Law Firm’. She handles cases in Kenora and throughout Northwestern Ontario.)  


60's Scoop Propaganda
60’s Scoop Propaganda

From 2009:

‘Aboriginal day school ‘survivors’ file $15B lawsuit’

“Gary McLean says that when he was 7 years old and could not speak English, he was ‘forced’ {like all Canadian children were ‘forced ‘ to go to school} to attend Dog Creek Indian Day School.  

“His older siblings taught him how to ask to go to the bathroom in English, but he says that didn’t save him from getting the strap when he spoke his native language of Ojibwa. 

“During his eight years at the school, McLean says he was forced to kneel in a corner of the classroom as punishment for having spoken Ojibwa. He adds that he was also repeatedly sexually assaulted by a nun until he left the school in 1965.

“But when Prime Minister Stephen Harper offered a formal apology and compensation package to former students of native residential schools last year, McLean wasn’t included. That’s because he and roughly 70,000 other aboriginal children across Canada went home for the night. 

“The ‘exclusion’ has prompted McLean and others to file a $15-billion lawsuit in Manitoba pressing for compensation from the federal government. The lawsuit, which they hope will be approved as a class action, alleges aboriginal children in day schools suffered just as much abuse as residential school survivors and the scars run just as deep… 

“One student says he had his mouth washed out with soap every time he spoke his own language, says Mason, who is chairman of ‘Spirit Wind ‘Survivors’. Other plaintiffs say in the statement of claim that they were abused with a strap, as well as physically and sexually abused by nuns and priests who ran the schools. 

“The lawsuit says the Crown should have protected aboriginal children from the alleged abuse years ago. Now, it says, the legacy “has saturated the very fabric of aboriginal peoples.”  

“Joan Jack, the lawyer representing day school survivors, says those who went home should be treated the same as students who were kept in residence away from their families. 

   “Whether you went to a school where you slept at night or you went home at night is not relevant to you ending up not being able to speak your language, feeling ashamed of who you are, being abused spiritually”, she says. 

   “People want to be able to feel that they belong here, that this is our country. We are the ‘indigenous people’ of this country {No, you’re immigrants from Mongolia} and Canada is slowly waking up to that fact.” 

“The federal government has not yet filed a statement of defence and none of these allegations has been proven in court. 

“Jack says they hope Ottawa will avoid a lengthy and expensive legal battle by simply including day school students in the residential school agreement. The $15 billion the lawsuit is seeking in damages was based on the ratio sought by residential school survivors in their claim, she says…”  

–‘Aboriginal day school ‘survivors’ file $15B lawsuit’,

Toronto Star, Aug 05 2009  

http://www.thestar.com/news/canada/2009/08/05/aboriginal_day_school_survivors_file_15b_lawsuit.htmlERBLThePosiitiveSideOfResidentialSchools800x800See also:

‘Aboriginal ‘Day Scholars’ Head To Court’ {June 5, 2015}: https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/636838826418354/?type=3

‘SCAPEGOATING THE RESIDENTIAL SCHOOLS – 1′:    http://endracebasedlaw.net/scapegoating-the-residential-schools-1/

‘SCAPEGOATING THE RESIDENTIAL SCHOOLS – 2′:    http://endracebasedlaw.net/scapegoating-the-residential-schools-2/   

‘SCAPEGOATING THE RESIDENTIAL SCHOOLS – 3′:   http://endracebasedlaw.net/scapegoating-the-residential-schools-3/ 

‘SCAPEGOATING THE RESIDENTIAL SCHOOLS – 4′:   http://endracebasedlaw.net/scapegoating-the-residential-schools-4/ 

‘THE POSITIVE SIDE OF RESIDENTIAL SCHOOLS’:                                http://endracebasedlaw.net/the-positive-side-of-residential-schools/




mail to: endracebasedlawpetition@gmail.com 

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