Île-à-la-Crosse Residential School
The Claim: The Île-à-la-Crosse residential school (sometimes called the Île-à-la-Crosse “Mission school” or “boarding school”) was one of the oldest residential schools in Canada, operating between 1860 and 1976. A total of approximately 1,500 students, predominantly Métis children from across Northern Saskatchewan, attended the school.
The proposed Class includes all day students/day schoolers (individuals who attended at the School during the day and slept somewhere else), and all residential/boarding students.
Although the shameful and painful history of Canadian residential schools has now been well-publicized, and there has been legal recognition for some of the damage caused by colonial schooling systems, Métis experiences and survivors have been consistently excluded from the settlements.
The Île-à-la-Crosse residential school operated in the same fashion as other residential schools. It was run by Roman Catholic religious groups, with government funding and oversight. Like all residential school survivors, the Île-à-la-Crosse school survivors were forced or coerced to attend the residential school, then forcibly confined and deprived of their heritage, their support networks and their way of life, forced to adopt a foreign language and culture, and punished severely for non-compliance. They were subjected to systematic child abuse, neglect, and maltreatment, and often endured psychological, physical and/or sexual abuse at the hands of teachers, administrators and other school employees.
Nevertheless, the Île-à-la-Crosse residential school was excluded from both the Indian Residential Schools Settlement Agreement and the Day Schools Settlement Agreement. Île-à-la-Crosse school survivors have not received any acknowledgement of, or compensation for the harms they endured as a result of their experiences at this residential school.
The plaintiffs in this action are four Île-à-la-Crosse school survivors, and two children of survivors representing the Family Class. They are calling on Canada and Saskatchewan to acknowledge the injustices that have been done to the Île-à-la-Crosse school survivors, and to provide compensation for their harms. Legally speaking, the plaintiffs allege that both Canada and Saskatchewan breached fiduciary, statutory and common law duties owed to the Class Members, and claim general, aggravated, and punitive damages.
Merchant Law Group Class (Chartier) Action
This proposed class action lawsuit is not the same lawsuit as the one started by Merchant Law Group in 2005. That lawsuit was stalled, and nothing has been done to help survivors – many of whom have died during this long and unnecessary delay.
Because the Merchant Law Group lawsuit had been going nowhere, and because it is so important to obtain justice for survivors before more are lost, the Île-à-la-Crosse Boarding School Steering Committee (a Survivor-led group which is dedicated to advocating for Survivors of the Île-à-la-Crosse School) and the Métis Nation of Saskatchewan started this new lawsuit, which is called the “Gardiner” class action.
The action started by Merchant Law Group (the Chartier action) has now been stayed by the Court, and will only be allowed to continue if some part of the Gardiner action is not allowed to proceed as a class action.
To learn more, please view the Frequently Asked Questions in the “Documents” Tab.
Hope for Wellness Help Line
Emotional and crisis support is available to Survivors and intergenerational Survivors 24 hours a day, 7 days a week through the National Indian Residential Schools Crisis Line at 1-866-925-4419 & Hope for Wellness Help Line at 1-855-242-3310 or the online chat at https://www.hopeforwellness.ca/.
Counselling is available in English, French, Cree, Ojibway and Inuktitut, on request.
National Indian Residential School Crisis Line
Contact the National Indian Residential School Crisis Line at 1-866-925-4419.
Other resources
You can also access ongoing mental health resources in your region.
Our Partners: Goldblatt Partners LLP
The application for certification, which is a court hearing that decides if this action can proceed as a class action is scheduled to be argued in Saskatoon on May 26 – 28, 2025.
In the meantime, we are pressing Canada to make good on its earlier promises to recognize the harms suffered by the Survivors of Ile a la Crosse, and fulfill its commitment to reconciliation (see the CPAC interview with former Minister Miller under the Documents tab). We will also attempt to engage in settlement with the Saskatchewan government. The Métis Nation Saskatchewan and the Steering Committee will also be pressing the governments to settle, and we encourage all Survivors and family members to help in keeping up the political pressure.
- FAQs
- Statement of Claim (ENG)
- Statement of Claim (FR)
- Intake Form
- CPAC Interview with Minister Miller
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.