A category motion lawsuit towards Canada for failing to supply ample housing on First Nations land is being heard in Federal Courtroom this week in Winnipeg.
St. Theresa Level 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 category motion.
The assertion of declare alleges Canada has “intentionally underfunded housing on reserves,” whereas concurrently isolating First Nations by imposing restrictions on their means to supply housing for themselves.
The First Nations’ authorized staff says that is the primary case to think about the federal authorities’s obligation to supply ample housing for First Nations.
“The housing disaster on reserve is a nationwide disgrace,” mentioned St. Theresa Level Chief Raymond Flett in a information launch.
“Our youngsters and future generations should develop up in respectable housing the place they’ll survive and flourish.”
The category motion is in search of $5 billion in damages.
The 2023 assertion of declare alleges that 25 per cent of the 646 homes in St. Theresa Level, 465 kilometres northeast of Winnipeg, needs to be condemned as a result of “extreme decay and rotting,” and that greater than half of homes in Sandy Lake, 450 kilometres northeast of Winnipeg, are in want of main repairs.
The assertion of declare refers to a 1977 federal authorities technique that would offer properties with “bodily infrastructure that meets generally accepted well being and security requirements” just like neighbouring non-Indigenous communities.
The assertion of declare additionally alleges the depth of a 2009 outbreak of H1N1 flu in St. Theresa Level was attributable to the lack of operating water and overcrowding housing. It says Canada’s response was to the flu outbreak was to send body bags quite than reply to the supply of the disaster.
The information launch mentioned it is nonetheless widespread for 20 folks to share a small house and dwelling in housing structurally “falling aside,” or with out plumbing.
No authorized obligations for housing, says Canada
Canada’s assertion of defence mentioned “Canada doesn’t construct or keep homes on reserves.
“First Nations are liable for planning, procuring and managing their housing inventory. Canada helps their housing tasks by funding….
“Canada doesn’t owe any authorized obligations or duties to construct and keep homes on-reserve. The declare needs to be dismissed.”
In its 2024 assertion of defence, Canada mentioned that 185 of the homes in St. Theresa Level require main repairs and 25 properties require alternative and that, of 432 homes in Sandy Lake, about 55 of them require main repairs and 55 require alternative.
The assertion of defence additionally mentioned {that a} lack of operating water or overcrowded dwellings have been recognized by the Public Well being Company of Canada as possible contributing components to St. Theresa Level’s 2009 H1N1 outbreak.
It denied the the rest of the allegation, saying Canada responded meaningfully to the outbreak and that Well being Canada nursing stations have been suggested to order supplemental prescription drugs, medical provides, and tools to supply 4 months of inventory as an alternative of the traditional six weeks of inventory.
The listening to is anticipated to wrap up on Thursday.
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