Canada has legal duty to provide safe water, housing to remote First Nations, federal judge rules

A federal judge has sided with two First Nations in Manitoba and one in Ontario that sued the Canadian government over its duty to provide them with safe housing and clean drinking water, in separate rulings delivered Friday.

The federal government has had a duty to ensure Shamattawa First Nation, and other First Nations who opt into the northern Manitoba First Nation's class-action, were provided access to drinking water safe for human use over the claim period, Justice Paul Favel said in a decision.

Shamattawa launched the class-action, which was certified in 2023, on behalf of all First Nations members countrywide whose communities were subject to a drinking water advisory in effect on or after June 20, 2020.

The judge also found in a separate ruling that residents of St. Theresa Point First Nation in northeastern Manitoba, Sandy Lake First Nation in northern Ontario and other class-action members should have been provided with adequate housing on their reserves from June 12, 1999, until the present — the class period defined in the lawsuit.

Favel said in both decisions the Canadian government made First Nations dependent by forcing them to relocate to reserves, and that the country has historically "exerted direct control over every facet of First Nations life through legislation, regulations, policies, and practices," including control over financing for water infrastructure and housing.

He said in both cases, Charter of Rights and Freedoms guarantees of equality under the law, as well as the life, liberty and security of all Canadians, may have been affected.

The $1.1-billion Shamattawa class action lawsuit picks up from an earlier class-action lawsuit over drinking water advisories that led to an $8-billion settlement in 2021.

The remote Manitoba community took the government to court after spending years under a boil-water advisory.

During the proceedings, representatives from several First Nations — Líl̓wat and Secwepemc in British Columbia, Peepeekisis Cree Nation and Little Pine First Nation in Saskatchewan, Wabaseemoong in northwestern Ontario and Tataskweyak Cree Nation in northern Manitoba — testified their communities do not receive enough funding to address long-term or chronic water advisories.

"The state of crisis experienced by our members living on reserve is one that is unknown to Canada’s employees," Shamattawa Chief Jordna Hill said in an affidavit quoted in Favel's decision. Federal workers in Shamattawa are provided with bottles and jugs of water for personal use, Hill said.

"The lives of Canada’s employees are unaffected by many of the hardships that we are forced to endure," his affidavit said.

"It is hard to think of a more apt symbol of Canada’s neglect than seeing the pallets of water at our airport, and knowing that Canada has flown them in for its employees, but not for us."

Hill was unavailable for comment Friday.

The $5-billion St. Theresa Point and Sandy Lake class-action said the federal government "deliberately underfunded housing on reserves," while putting restrictions on their ability to provide housing.