A First Nations lawyer who launched the legal fight for day school survivors before the file was turned over to a larger law firm as a class-action, has won a lawsuit against that firm.
Joan Jack filed the statement of claim for a group of day school survivors in 2009.
Gowling WLG took over the file in 2016 using work Jack and other lawyers had done, including a database of 12,500 potential class action members.
Gowling got a $1.5 billion settlement for day school survivors and were paid $55 million in legal fees.
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Jack received nothing.
Manitoba Judge Shauna McCarthy in a 46-page ruling found Gowling “had a contractual and fiduciary duty to present the plaintiffs’ fees to the Federal Court for approval with respect to work asserted to have been done by the plaintiffs in advancing the day school claims” and that “Gowling breached their obligations to do so.”
The six-year David versus Goliath battle “was hard” says Jack, and she feels “vindicated” by the ruling.
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“Every human being wants to be recognized for their contribution in life and for us as Indigenous people, so often our contributions are erased, changed, ignored,” Jack said. “And so in that space, I feel very joyful.”
Gowling managing partner Lorraine Mastersmith said “we have significant concerns with elements of the judgment and are reviewing the decision to determine our next steps.”
How much Gowling will pay will be determined at a later date.
Nearly 200,000 First Nations, Inuit and Métis children attended more than 700 Indian day schools beginning in the 1920s. Many endured physical and sexual abuse at the federally-run schools. Under the settlement agreement, Canada compensated each eligible survivor between $10,000 and $200,000.
I grew up as one of many white kids on a rez and endured constant bullying and harassment. Did we get compensated for the brutality we endured?. Nope, we all moved on and became somebody. I would recommend that most FN do the same.
It’s taxpayers money anyway so who cares which side gets it.
And what’s with that nasty chin tattoo? Looks like 3 limp d*cks. Geez…
Have you EVER met a lawyer who was NOT self-serving??
The only money here is taxpayers’ money, yours!
Imagine hiring a lawyer with a face tattoo…
I’m just now remembering that one scene at the bar in total recall.
Ambulance chasers going after other Ambulance chasers
She did all the work…except trying and winning the case.
No Anonymous, you are the idiot.
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So a lot of commenters are commenting on a few things. Firstly, “free education.” The feds don’t fund this properly so barely 50% can obtain this. Secondly, the tattoo. Who cares if someone wears a tattoo? To those who make fun of it, post your picture and let the uncouth bullies comment. A lot of comments have an overt or indirect racist tinge to them, partly based on a lack of historical knowledge. I don’t know everything, I am incorrect a lot of times but take whatever opportunities I have to educate myself and be mindful of our history. Wish others would do the same.
Love that facial tattoo idiot are you a Moari?
come and meet me join profile something new
This is a good outcome. Everyone should be paid for work they do and the big law form not paying her is terrible.
On top of the free education that is their treaty right, in return for ceding the land to Canada, we provided housing and food for the children of nomadic and semi-nomadic natives. Then we paid them between 10k and 200k for receiving the education they were promised. We even gave 10k for those natives who attended school like the rest of us.
Then the lawyers bicker over how much money they got paid? Canada should not have paid anything more.
If the lawyers want to bicker over fees, let them divy up what was already provided. Imagine 55 million in legal fees, and they want more? Amazing.
Enough already. Time for these people to move forward! Stop giving away my tax dollars to these greedy people!
What the hell is that thing on her chin? Looks more like the tattoo artist was drunk.
AWWW poor indigenous ignored so this win is huge??? Excuse me?? Non Indigenous taxpayers just got fleeced again!!
Who is paying for this one? Sorry but my pockets are empty. It’s not racism. It’s resentment.
If the Federal Government tries to build pipelines across Canada guarenteed you will have indigenous across every province blocking them. They want to be compensated for their trouble…Wink Wink…pay or else.
the money train just keeps on giving my tax dollars away to unjust causes, school was no picnic in the 50s and 60s for anybody
Canada has created a many generational welfare society….with no incentive to work. Remember all welfare etc. Is not taxed….this has been going on for many decades, and sadly will continue for many decades.
whats the deal with the tattoo? what a country
Given the comments, it’s clear more teaching of history as to how badly we treated First Nations peoples is desperately required. It is also clear that racism is still alive and well in Canada.
Lawyers screwing other lawyers — what a surprise.
Well-deserved hatred of lawyers goes way back in history. Shakespeare said, “First, k i l l all the lawyers.”
Cheesewiz Christ, I thought it had a beard!
Forgot her name…was it……3 toes-on-chin?
Good job Three-Saggy-Boobs
Enough is enough with payouts, apologies and ass kissing. What happened was terrible, but time to move on.
I like the triple titty tattoo on her chin
I was taught in school that the church ran day to day activities and staffed these institutions with their personal so abuse didnt happen from a building, just like guns dont shoot people on thier own niether did a building so go after the church for money they have more then enough…. church priest have a history of doing disgusting things in the name of god
The government and church stepped in many years ago with good intentions to protect native children from their own parents and communities. Alcohol, etc. Years later they are depicted as the bad guys. Thank you “Left Wing” idealogies.
These attempts to buy forgiveness is a complete failure and needs to end.