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

A groundbreaking class action lawsuit against the Canadian government for failing to provide adequate housing on First Nations land is currently underway in Federal Court in Winnipeg. St. Theresa Point First Nation in Manitoba and Sandy Lake First Nation in northwestern Ontario initiated the lawsuit in 2023, with over 100 First Nations joining the class action.

The statement of claim alleges that Canada has deliberately underfunded housing on reserves while imposing restrictions that hinder First Nations’ ability to address their housing needs. This legal challenge marks the first case to address the federal government’s obligation to ensure adequate housing for First Nations communities.

Chief Raymond Flett of St. Theresa Point expressed his dismay, stating, “The housing crisis on reserve is a national shame. 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 to rectify the persistent housing issues faced by Indigenous communities.

The 2023 statement of claim highlights the deplorable conditions in both St. Theresa Point and Sandy Lake, with a significant number of homes in dire need of repairs or replacement. The allegations reference a 1977 government strategy aimed at providing housing that meets health and safety standards comparable to non-Indigenous communities.

Moreover, the statement of claim points to the devastating impact of the 2009 H1N1 flu outbreak in St. Theresa Point, attributing the outbreak to the lack of running water and overcrowded housing. Shockingly, the response from Canada allegedly included sending body bags instead of addressing the root cause of the crisis.

Despite these damning allegations, Canada’s statement of defence denies any legal obligation to build or maintain houses on reserves, placing the responsibility on First Nations to manage their housing stock. The government maintains that it provides support through funding but disputes the need to address the housing crisis directly.

In its 2024 statement of defence, Canada acknowledges the need for major repairs and replacements in both St. Theresa Point and Sandy Lake but contests the severity of the allegations regarding the H1N1 outbreak response. The ongoing hearing is expected to conclude on Thursday, shedding light on the government’s role in addressing the long-standing housing issues plaguing First Nations communities.

Ultimately, this lawsuit seeks to hold Canada accountable for its failure to uphold its obligations to provide safe and adequate housing for Indigenous peoples, signaling a crucial step towards achieving justice and equity for all Canadians.