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THUNDER BAY — A $5 billion class action against the Canadian government over inadequate housing was heard last week.
The lawsuit filled in 2023 against Canada by more than 100 First Nation alleges Canada has breached its obligations by failing to ensure that First Nations communities had access to adequate housing.
Sandy Lake First Nation, alongside St. Theresa Point First Nation in Manitoba, is a representative plaintiffs in the case.
“I'm hopeful that following the hearing, which took place last week in Winnipeg, would have been a further opportunity for both the court and also for Canada and its representatives to hear more about the conditions of class members,” said Stephanie Willsey, a lawyer from McCarthy Tetrault LLP representing the First Nations communities.
“Members are living in homes where it's very common for 20 people to be living with just a couple of bedrooms and a single bathroom,” she said. "A significant portion of housing in remote reserves suffer from structural defects as a result of insufficient funding and the inaccessibility of winter roads and air shipping."
Housing issues include infrastructure issues, mould and infestations from animals and pests.
The class action claims that Canada has breached its fiduciary duties, its duty of care, and the Charter of Rights and Freedoms, said Willsey
“When we submitted our claim on behalf of the First Nations, we did receive a statement of defence from Canada,” said Willsey
In the statement of defence, the federal government asserts "Canada does not build or maintain houses on reserves.”
Additionally, the government argues "Canada does not owe any legal obligations or duties to build and maintain houses on-reserve," and that the claim should be dismissed.
Canada did not deny the claims made by First Nations communities, but denied responsibility for housing on First Nations.
“They shouldn't be living as though they're in a third world country when they're here in Canada,” said Willsey.
A decision has not yet been made on the case.
