Class action lawsuit over housing on First Nations in court this week

A class action lawsuit against Canada for failing to provide adequate housing on First Nations land is being heard in Federal Court this week in Winnipeg.

St. Theresa Point First Nation in Manitoba and Sandy Lake First Nation in northwestern Ontario filed the lawsuit in 2023. Over 100 First Nations have opted in to the class action.

The statement of claim alleges Canada has “deliberately underfunded housing on reserves,” while simultaneously isolating First Nations by imposing restrictions on their ability to provide housing for themselves.

The First Nations’ legal team says this is the first case to consider the federal government’s obligation to provide adequate housing for First Nations.

“The housing crisis on reserve is a national shame,” said St. Theresa Point Chief Raymond Flett in a news release.

 “Our children and future generations deserve to grow up in decent housing where they can survive and flourish.”

The class action is seeking $5 billion in damages. 

The 2023 statement of claim alleges that 25 per cent of the 646 houses in St. Theresa Point, 465 kilometres northeast of Winnipeg, should be condemned due to “severe decay and rotting,” and that more than half of houses in Sandy Lake, 450 kilometres northeast of Winnipeg, are in need of major repairs.

The statement of claim refers to a 1977 federal government strategy that would provide homes with “physical infrastructure that meets commonly accepted health and safety standards” similar to neighbouring non-Indigenous communities.

The statement of claim also alleges the intensity of a 2009 outbreak of H1N1 flu in St. Theresa Point was attributable to the lack of running water and overcrowding housing. It says Canada’s response was to the flu outbreak was to send body bags rather than respond to the source of the crisis.

The news release said it’s still common for 20 people to share a small home and living in housing structurally “falling apart,” or without plumbing. 

No legal obligations for housing, says Canada

Canada’s statement of defence said “Canada does not build or maintain houses on reserves.

“First Nations are responsible for planning, procuring and managing their housing stock. Canada supports their housing projects through funding….

“Canada does not owe any legal obligations or duties to build and maintain houses on-reserve. The claim should be dismissed.”

In its 2024 statement of defence, Canada said that 185 of the houses in St. Theresa Point require major repairs and 25 homes require replacement and that, of 432 houses in Sandy Lake, about 55 of them require major repairs and 55 require replacement.

The statement of defence also said that a lack of running water or overcrowded dwellings were identified by the Public Health Agency of Canada as likely contributing factors to St. Theresa Point’s 2009 H1N1 outbreak.

It denied the remainder of the allegation, saying Canada responded meaningfully to the outbreak and that Health Canada nursing stations were advised to order supplemental pharmaceuticals, medical supplies, and equipment to provide four months of stock instead of the normal six weeks of stock.

The hearing is expected to wrap up on Thursday.