Federal Appeal Court gives go-ahead to hear First Nations’ day-school suit

VANCOUVER – The Federal Court of Appeal has dismissed Ottawa’s attempt to stop a class-action lawsuit filed by several British Columbia First Nations over day schools that were excluded from a residential schools settlement.

The Attorney General of Canada was seeking a stay, arguing that the Federal Court does not have jurisdiction to hear the case.

The appeal court ruling upholds a decision by the Federal Court last year that said the court does have jurisdiction.

Day-school students were excluded from the settlement because they didn’t live at the schools, but the lawsuit filed by the Tk’emlups (Kamloops) and Sechelt (sea-SHELT’) bands say the children suffered from the same program of assimilation that led to residential school abuses.

They’re seeking certification of a class-action lawsuit on behalf of all members who attended the schools from 1920 to 1979.

The Federal Court is expected to hear arguments on certifying the class-action lawsuit later this year.