Closing arguments heard in $5B First Nations housing class action lawsuit

Chiefs and citizens from First Nations across Canada involved in a class action lawsuit against Canada for failing to provide adequate housing descended on Winnipeg this week to have their voices heard.

The lawsuit, which was heard in Federal Court this week in Winnipeg, alleges Canada has "deliberately underfunded housing on reserves," while simultaneously isolating First Nations by imposing restrictions on their ability to provide housing for themselves. 

St. Theresa Point First Nation in Manitoba and Sandy Lake First Nation in northwestern Ontario filed the lawsuit in 2023. Over 100 First Nations have opted in to the class action.

Elder Delores Fiddler of Sandy Lake First Nation was one of many to share the impact of the housing crisis has had on her family. Her 19-year-old granddaughter died from Blastomycosis, a fungal infection contracted by inhaling mould spores.

"They did an autopsy on her. They told me why she died. She died of that mould. Do you guys have a mouldy house they told us? Yeah, it's all mouldy," said Fiddler.

"We make a tent outside to have fresh air so we don't have to breathe in whatever is inside our home."

Jonovan Flett, a father of two from St. Theresa Point, grew up in ten different houses in the community. Flett explained that he had to constantly move because everywhere his family ended up was overcrowded.

"None of this is normal," said said Flett. "It's not normal for babies to be covered in rashes because their houses are infested with mould."

Grand Chief Alex McDougall of Anisininew Okimawin, an organization that represents St. Theresa Point and other Anisininew Nations in the same region, said, the issue is a "longstanding failure" of the federal government and the provincial partners "who must be reminded of the sacred obligation embedded in our treaties."

"Canada forced us onto the reserves, which were slivers of our traditional territories and they deprived us from maintaining our self-sustaining ways of life that have been practised by our ancestors for thousands of years," said co-lead plaintiff, Chief Raymond Flett of St. Theresa Point.

"Now, Canada says it has no responsibility to provide housing on reserve." 

The class action is seeking $5 billion in damages.

"The Plaintiffs urged the Court to recognize that the housing crisis on reserve is the direct result of state conduct, and asked the Court to recognize that Canada has a legal duty to take reasonable measures to ensure the Class has access to adequate housing," said Alana Robert, plaintiff's legal counsel, in an email sent to CBC Indigenous.

Canada said in its statement of defense it acknowledges St. Theresa Point's claim that some housing sub-divisions lack running water and sewerage service today but that the claim should be dismissed.

"Canada does not owe any legal obligations or duties to build and maintain houses on-reserve," the statement of defense read.

The final arguments were heard on Thursday. A final decision is expected in the coming months.