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

Stefan Richard · CBC News

· Posted: Apr 29, 2025 1:33 PM EDT | Last Updated: 6 minutes ago

A people enactment suit against Canada for failing to supply capable lodging connected First Nations land is being heard successful Federal Court this week successful Winnipeg.

St. Theresa Point First Nation successful Manitoba and Sandy Lake First Nation successful northwestern Ontario filed the suit successful 2023. Over 100 First Nations person opted successful to the people action.

The connection of assertion alleges Canada has "deliberately underfunded lodging connected reserves," portion simultaneously isolating First Nations by imposing restrictions connected their quality to supply lodging for themselves.

The First Nations' ineligible squad says this is the archetypal lawsuit to see the national government's work to supply capable lodging for First Nations.

"The lodging situation connected reserve is simply a nationalist shame," said St. Theresa Point Chief Raymond Flett successful a quality release.

 "Our children and aboriginal generations merit to turn up successful decent lodging wherever they tin past and flourish."

The people enactment is seeking $5 cardinal successful damages. 

The 2023 connection of assertion alleges that 25 per cent of the 646 houses successful St. Theresa Point, 465 kilometres northeast of Winnipeg, should beryllium condemned owed to "severe decay and rotting," and that much than fractional of houses successful Sandy Lake, 450 kilometres northeast of Winnipeg, are successful request of large repairs.

The connection of assertion refers to a 1977 national authorities strategy that would supply homes with "physical infrastructure that meets commonly accepted wellness and information standards" akin to neighbouring non-Indigenous communities.

The connection of claim also alleges the strength of a 2009 outbreak of H1N1 flu in St. Theresa Point was attributable to the lack of moving h2o and overcrowding housing. It says Canada's effect was to the flu outbreak was to nonstop assemblage bags alternatively than respond to the root of the crisis.

The quality release said it's inactive communal for 20 radical to stock a tiny location and surviving successful lodging structurally "falling apart," oregon without plumbing. 

No ineligible obligations for housing, says Canada

Canada's connection of defence said "Canada does not physique oregon support houses connected reserves.

"First Nations are liable for planning, procuring and managing their lodging stock. Canada supports their lodging projects done funding….

"Canada does not beryllium immoderate ineligible obligations oregon duties to physique and support houses on-reserve. The assertion should beryllium dismissed."

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

The connection of defence also said that a lack of moving h2o oregon overcrowded dwellings were identified by the Public Health Agency of Canada arsenic apt 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 bid supplemental pharmaceuticals, aesculapian supplies, and instrumentality to supply 4 months of banal alternatively of the mean six weeks of stock.

The proceeding is expected to wrapper up on Thursday.