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A federal judge sided with two First Nations in Manitoba and one in Ontario that sued the Canadian government over its duty to provide them with safe housing and clean drinking water, in separate rulings handed down Friday.
The federal government had an obligation to ensure that the Shamattawa First Nation and other First Nations who agreed to bring the northern Manitoba Indigenous class action had access to drinking water safe for human use during the claim period, Justice Paul Favel stated in the decision.
Shamattawa filed a class action lawsuit that certified in 2023on behalf of all First Nations people across the country whose communities are affected by drinking water advisories effective on or after June 20, 2020.
The judge also found in separate resolution that residents of the St. Theresa Point Tribe in northeastern Manitoba, Sandy Lake First Nation in northern Ontario and other members of the class action should have been provided with adequate housing on their reserves from June 12, 1999 to the present, the occupation period defined in the lawsuit.
Favel said that in both decisions, the Canadian government made Indigenous peoples dependent by forcing them onto reserves, and that the country has historically “exerted direct control over all aspects of Indigenous life through legislation, regulations, policies and practices,” including control over funding for water infrastructure and housing.
He said both cases could affect the guarantee of equality before the law, as well as the life, liberty and security of all Canadians.
$1.1 Billion Shamattawa Class Action Lawsuit The lawsuit is a continuation of an earlier class action lawsuit over drinking water guidelines that resulted in A $8 billion settlement in 2021.
A remote Manitoba community has sued the government after spending years in detention. boil water advisory.
During the trial, representatives of several First Nations – the Liluat and Secwepemc Cree in British Columbia, the Pipikisis Cree Nation and Little Pine First Nation in Saskatchewan, the Wabasemuong in northwestern Ontario and the Tataskweyak Cree Nation in northern Manitoba – testified that their communities are not receiving enough funding to solve problems long-term or chronic water recommendations.
“The state of crisis facing our on-reserve members is unknown to Canadian employees,” Shamattawa Chief Jordna Hill said in written testimony cited in Favela’s decision. Federal workers at Shamattawa are provided with water bottles and jugs for personal use, Hill said.
“Many of the hardships we endure do not impact the lives of Canadian employees,” his affidavit said.
“It’s hard to think of a more appropriate symbol of Canada’s disdain than seeing pallets of water at our airport and knowing that Canada brought them for its employees, not for us.”
Hill was unavailable for comment Friday.
Housing conditions harm children – judge
In a $5 billion class action lawsuit, St. Theresa Point and Sandy Lake said the federal government “deliberately underfunded housing on reserves” while placing restrictions on their ability to provide housing.
“Class member reserves typically fall short of hundreds of homes to adequately shelter their population,” Favel wrote, noting that many families are forced to live in condemned apartments because they have no other choice.
He said some of the tragedies associated with these conditions include: death of two teenage girls at St. Teresa Point in the winter of 2023, and three children who died in a house fire in Sandy Lake in 2022.
“Children are unable to bathe regularly, their sleep is disrupted by overcrowding, they are often sick due to cold and damp conditions, and severe mold and pest infestations,” Favel wrote in a summary of testimony presented by witnesses.
“These conditions impact their mental, emotional and physical well-being, as well as their education.”
Still a lot of work to do: Head of St. Teresa Point
The decisions relate to the first stage of a class action that revolved around the general determination of whether the government has a duty to Indigenous peoples.
The second stage will consider several other issues, including the extent or existence of any violations, including violations of Charter rights, and possible remedies.
Favel's decisions so far have awarded costs based on the plaintiffs' “overwhelming success” in both cases.
St Teresa station commander Raymond Flett said there was still a lot to be done.
“It's very overwhelming that we got a decision in our favor and interesting things. But at the same time [we have] to be arrested,” Flett said in a telephone conversation Friday evening.
“We did this not only for the sake of our nation. We had to speak out on behalf of all nations in Canada who are experiencing a housing crisis in their community.”
