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~2~ The process of establishing the class action claim as a valid claim requiring compensation to those who suffered 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 Joan Jack Law Office filed in 2009 has NOT been certified and Alghoul & Associates is continuing to research the classes (groups) and schools and this is a long process because there were thousands of students who say they went to residential schools that were denied, and there are 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.
3. WHAT IS THE DIFFERENCE BETWEEN A RESIDENTIAL SCHOOL STUDENT, DAY SCHOLAR AND A DAY SCHOOL STUDENT?
3.1 RESIDENTIAL SCHOOL STUDENT
- under the existing Indian Residential School Settlement Agreement (IRSSA), only those survivors that can prove that they attended one of the schools listed as Residential Schools. To see the list, go to: http://www.residentialschoolsettlement.ca/schools.html mentioned above, but they only went to the school DURING THE DAY. This group of students has become known, as day scholars because, although they didnt get the Common Experience Payment, but were entitled to file an ABUSE claim through the IRSSA before the September 19, 2012.
3.2 DAY SCHOLARS are those who attended one of the Residential Schools on the list
3.3 DAY SCHOOL STUDENTS are those students now claiming they were harmed at
STAND ALONE day schools situated on or near their reserves, Mtis or Inuit communities. Day School students did NOT go to any of the residential schools that are listed in the IRSSA, but attended the day schools that operated at the SAME TIME AND FOR THE SAME PURPOSE; which, from the evidence we have heard, was to kill the Indian in the child.
3.4 DOES THE McLEAN DAY SCHOOL CLASS ACTION COVER BOTH DAY SCHOLARS AND
Most likely, but were not sure yet because work for the Motion to Certify is not complete.
DAY STUDENTS?