Canada responsible for ensuring safe First Nations housing, Federal Court rules in $5-B class-action suit

A Federal Court judge has recognized Canada is responsible for ensuring safe housing on First Nations in a $5-billion class-action lawsuit filed on behalf of two reserves in Manitoba and Ontario.

Chiefs of St. Theresa Point Asinininew Nation in northern Manitoba and Sandy Lake First Nation in northwestern Ontario filed the lawsuit in 2023, claiming that Canada had violated the rights of their people by “creating and failing to remedy the lack of access to adequate housing on First Nation lands” and sought $5 billion in damages.

In his ruling Dec. 5, Justice Paul Favel said Canada had a duty to First Nations, noting a “structural deficit has been created, and it has been virtually impossible to keep up with the housing needs of First Nations.”

St. Theresa Point chief Raymond Flett described the ruling as “emotional” Thursday.

“Our community came together to build this case against the federal government, we opened the doors to our homes, our townhouses, our shacks, our tents, to tell our story… the court made it clear that Canada cannot maintain the status quo,” he said at a news conference.

The ruling considered a number of incidents that occurred, in part, because of unstable housing in both First Nations, including one in St. Theresa Point in 2023 when two 14-year-old girls froze to death.

Canada has 30 days to appeal the court’s decision. If it does not, the court will move toward determining the extent of Canada’s failure to provide support and possible compensation, said Michael Rosenberg, a lawyer with McCarthy Tétrault LLP, one of two law firms representing the First Nations.

“It’s no longer open to the federal government to expect the most vulnerable First Nations to make ends meet, to close infrastructure gaps on their reserves and to do so without the partnership of Canada,” he said.

Assembly of Manitoba Chiefs Grand Chief Kyra Wilson called the ruling an opportunity for Canada to work with First Nations communities in good faith.

“We need dedicated funding and recognizing that First Nations must lead the design and delivery of housing solutions in their own communities,” she said.

malak.abas@freepress.mb.ca