In re Residential Schools

Regional Senior Justice Winkler, Baxter v. Canada (Attorney General), (March 10, 2006) No. 00-CV-192059 CPA (Ont. Super. Ct.):

"Subject to my comments below, the English versions of the Notices provided to the court on this motion are themselves plainly worded and appear to be both informative and designed to be readily understood.  It is contemplated that the form of notice will be published in English, French and Aboriginal languages, as appropriate for each media vehicle.  There is a process whereby a class member may file or make an objection known to the court, through a third party coordinator who will forward all such objections to the courts."

The largest, most complex and extraordinary class action in the history of class actions in Canada involves the settlement of claims of abuse against former students of Canada’s “Residential Schools”.  When a multi-billion dollar settlement to benefit the 80,000 living former students and 300,000 or more family members was reached in November of 2005, Hilsoft was called upon by the government, the churches, their defense counsel, and lawyers for a large consortium of plaintiffs’ law firms, to design and implement the most comprehensive notice program ever undertaken in Canada.  

With enormous geographic, cultural and educational barriers, Hilsoft was faced with the most difficult notice situation for any case in North American history.  The detailed two-phase plan created by Hilsoft involved a massive multi-media notification together with carefully designed mailings and grass roots efforts to get notices into the hands of former students wherever located.  The forms of notices utilized attention-getting and culturally sensitive and appropriate images and voice talent, translated and produced by Hilsoft into 20+ aboriginal languages still in use today.  

Teaming up with the Assembly of First Nations and other Indian and Inuit organizations, the notice program involved travel and local outreach in reserves and communities, including in the most remote parts of Canada reachable only by fly-in and fly-out efforts.  A massive TV and radio campaign, utilizing virtually every localized transmitter located by Hilsoft after an exhaustive research effort, included even small aboriginal stations inside the arctic circle.  

Hilsoft Notifications provided expert analysis and notice adequacy testimony during two phases of notice, and worked closely with the Court Counsel (i.e., the Special Master) to coordinate among the diverse parties resolutions for numerous notice and communications issues that arose during this politically charged matter.       

Hilsoft Notifications designed and hosted the courts website in English, French and Inuktitut language at www.residentialschoolsettlement.ca.  

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