Chief Raymond Flett of St. Theresa Point Anisininew Nation speaks about the dire state of First Nation housing at the Inisininew Okimawin offices in downtown Winnipeg, on April 30.Shannon VanRaes/The Globe and Mail
A Federal Court judge is considering photos depicting houses infested with cockroaches and mould as part of evidence presented this week on behalf of more than 100 First Nations in a class-action lawsuit asserting Ottawa has been negligent in its duties to ensure safe housing on-reserve.
The houses in the photos are from St. Theresa Point in Northern Manitoba where First Nations leaders say it’s common for 20 people to live in small homes with two or three people to a room. In some houses, severe overcrowding means more than 30 people living in a four-bedroom house where residents sleep in shifts and share a single bathroom and kitchen, according to court documents.
“This is a national human-rights crisis, and we need Canada to come to the table to restore the relationship between the Crown and First Nations, which is the basis of this entire country,” Chief Raymond Flett from St. Theresa Point said at a news conference Wednesday in Winnipeg, where the case is being held.
The plaintiffs say Canada has breached its duties and obligations to First Nations and seeks $5-billion in compensation and an order that the federal government comply with its responsibilities to provide adequate housing on First Nations.
There are 128 other First Nations across the country that have joined the class action, which is directed toward the most extreme on-reserve housing emergencies.
“We are in the fight for our lives,” Mr. Flett said.
The class action was filed in June, 2023, on behalf of Mr. Flett and Chief Delores Kakegamic of Sandy Lake First Nation in Northwestern Ontario. The Federal Court certified the class action last year.
The plaintiffs are asking the Federal Court this week to issue a summary judgment and make a finding before a full trial takes place. The proposed finding would be that between June, 1999, to present, “Canada owed a duty or obligation to the class members to take reasonable measures to provide them with, or ensure they were provided with, or refrain from impeding, access to adequate housing on First Nations reserves,” according to court documents.
Leaders say the on-reserve housing crisis has existed since before 1999 and is a result of Canada’s historic and continuing policies, which have resulted in overcrowding and unsafe conditions that cause severe and sometimes fatal physical and mental-health problems.
In its court filings, lawyers for the federal government acknowledge the state of on-reserve housing, but argue that Ottawa cannot fill the gap and is not obligated to do so.
“While Canada opposes this motion and the Plaintiff’s expansive interpretation of the law, it continues to acknowledge its ongoing commitment to support adequate funding for housing on First Nations reserves, now and in the future.”
Court documents filed by the Department of Justice’s legal counsel state that Canada provides funding related to on-reserve housing activities using a funding-allocation process that varies across the country, based on assessments, criteria and individual circumstances.
As owners of the capital assets, First Nations are responsible for the construction and maintenance of housing on-reserve, government lawyers argue.
Court documents filed by the First Nations indicate that there are about 467 families waiting for housing in St. Theresa Point, where most of its 5,600 members live, and another 170 families living in Winnipeg waiting for housing on-reserve so they can return to the community.
In Sandy Lake, where about 3,100 members and non-member residents live, half of the 672 houses are in need of major repair and about 200 additional houses are needed, the court documents say.
“This is not a sudden crisis, this is a long-standing failure of the federal government and provincial partners,” Chief Emeritus Elvin Flett of the St. Theresa Point Anisininew Nation said Wednesday.
Toronto lawyer Michael Rosenberg is co-representing the plaintiffs and told The Globe and Mail that Canada created conditions of dependency.
He said the country’s on-reserve housing policy is deliberately underfunded and Ottawa knows that First Nations governments cannot provide adequate housing on their own as such.
“I think people would be surprised the extent to which this crisis is known, understood and deliberate,” he said.
Mr. Rosenberg said his clients don’t want to be in court and hope for mediation in the context of nation-to-nation reconciliation that could include measures such as removing barriers to accessing capital and building houses on-reserve.