The Federal Court of Appeal has dismissed Ottawa’s attempt to stop a class-action lawsuit filed by several B.C. 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 Kamloops and Sechelt 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.