Innu day schools class action certified by the Supreme Court of Newfoundland and Labrador

Friday, October 23, 2026

OVERVIEW

On August 26, 2026, the Supreme Court of Newfoundland and Labrador certified the Innu day schools class action.¹

This is a class action brought by Innu governments and Innu survivors for harms experienced at the schools that were operated in Innu communities between 1949 and 2009. The class action seeks compensation from the Governments of Canada and Newfoundland and Labrador for abuses at the day schools and for loss of language and culture caused by the schools.

Certification is a preliminary step in the class action process where a judge decides whether the proposed class action meets the requirements to go ahead as a class action. If it does, the class action can go forward to a trial, where the merits of the case will be decided.²

In this certification decision, the Court allowed almost all of the claims to go forward to a trial on the merits. The Court certified claims dealing with both abuse and the loss of language and culture that occurred in the schools.³ This decision brings the Innu one step closer to getting justice for the harms caused to Innu survivors and their communities.

BACKGROUND

The Innu day schools were not included in other, similar class action settlements across Canada, like the Indian Day Schools class action settlement or the national Band Reparations settlement. These class actions compensated survivors and communities for harms caused by residential and day schools across Canada.

As a result, the Innu governments and survivors of the day schools brought their own class action against Canada and Newfoundland and Labrador in 2024, seeking compensation for harms caused by the day schools. The class action includes claims in negligence, breach of fiduciary duty, breach of Aboriginal language and culture rights under s. 35 of the Constitution Act, and breach of the Honour of the Crown against Canada and the Province. These legal claims are based on the abuse and loss of language and culture the Innu experienced at the Innu day schools.⁴

The Innu day schools class action includes two groups: the Survivor Class and the Innu Governments Class. The Survivor Class includes Innu people who attended Innu day schools and brings claims for abuse and loss of language and culture that occurred in the schools. The Innu Governments Class includes Innu Nation and the two Innu First Nations, Sheshatshiu Innu First Nation and Mushuau Innu First Nation, and brings claims for community-wide impacts, including collective loss of language and culture caused by the Innu day schools.⁵

CERTIFICATION DECISION 

To succeed at certification, the Innu had to establish that the requirements of section 5(1) of the Class Actions Act were met: (a) the pleadings disclose a cause of action; (b) there is an identifiable class of two or more persons; (c) the claims raise common issues; (d) a class proceeding is the preferable procedure; and (e) there is a representative plaintiff capable of fairly and adequately representing the class.⁶

The Court found that these requirements were met for most of the claims brought forward and granted certification for those claims, allowing them to go ahead to a trial on the merits.

Against the Province, the Court certified the Innu’s claims of abuse-based negligence, breach of fiduciary duties, breach of Aboriginal rights related to Innu language and culture, and breach of the Honour of the Crown. The Court found that these were all viable causes of action that needed to be determined at trial based on a full evidentiary record and legal analysis.⁷

Against Canada, the Court certified the Innu’s claims of breach of fiduciary duties, breach of Aboriginal language and culture rights, and breach of the Honour of the Crown, finding that these were also all viable causes of action that needed to be determined at trial based on a full evidentiary record and legal analysis.⁸

The only claims that the Court declined to certify were the claims of negligence against Canada and claims of negligence related to language and culture as against the Province.⁹

However, the Court gave the Innu the right to amend their negligence claims and reapply for certification of them.¹⁰ And, it is important to note, as set out above, that there are other claims that were certified against both Canada and the Province, and as part of those claims, there are elements that include loss of language and culture, as well as the issues of abuse.

The Court found that, for most of the causes of action, all certification requirements in sections 5(1)(b)–(e) of the Class Actions Act had been met: there is an identifiable class of two or more persons; the claims raise common issues; a class proceeding is the preferable procedure; and there are representative plaintiffs capable of fairly and adequately representing the class. As a result, the class action can proceed to a trial.¹¹

The Court made it clear that a class action is the best way for these claims to get to court and to ensure access to justice. Requiring claimants to bring their own individual claims, instead of proceeding through a class action, “would create formidable barriers to meaningful access to justice.”¹²

CONCLUSION

This certification decision is a big step forward towards justice and compensation for Innu survivors of the day schools and their communities.

While it does not yet determine the ultimate merits of the case, certification is an important step in the process and allows the case to proceed to trial, unless a settlement occurs earlier. Innu Nation has called for settlement discussions to take place.

For more information and updates on the Innu Day Schools class action, you can visit the Innu Day Schools page on OKT’s website or check the Innu Day Schools Facebook page. If you think this case may affect you and you would like to receive updates by email, please send an email to innudayschools@oktlaw.com.