Over 100 First Nations take Canada to court, claiming they failed to provide safe, adequate housing on reserves

More than 100 First Nations are taking the federal government to court in a major class action lawsuit, accusing Canada of failing to provide safe and adequate housing on reserves. The Assembly of Manitoba Chiefs provided an update on the case at a press conference on Wednesday.

The case, which launched in 2023, argues the government underfunded housing and blocked communities from addressing the crisis themselves. The plaintiffs allege that decades of inaction have led to dangerous living conditions, with overcrowded homes, structural decay, and in many cases, a lack of running water.

In St. Theresa Point, one in every four homes is considered uninhabitable, with 5,000 residents living in just 500 homes. Meanwhile, in Sandy Lake, over half of the homes require major repairs, with 3,500 residents sharing 650 homes.

“We live in overcrowded housing that harms the health and safety of our children, and we can’t turn a blind eye anymore,” said Chief Delores Kakegamic, from Sandy Lake First Nation.

Jonovan Flett, a youth from St. Theresa Point Anisininew Nation, added, “It’s not normal for me and my children to live in a cramped house with no running water, it’s not normal for babies to be covered in rashes because their houses are infested with mold.”

The class action seeks $5 billion in damages and is believed to be the first case to legally test whether Ottawa has an enforceable obligation to ensure proper housing on reserves. Chief Raymond Flett of St. Theresa Point has called the housing crisis a national shame that needs immediate action

“We need Canada to come to the table and start creating true partnerships with the First Nations,” said Chief Raymond Flett, from St. Theresa Point Anisininew Nation.

“My hope is that Canada will start to hear our leadership when we talk about all the issues that impact our people every single day,” said Kyra Wilson / Grand Chief, AMC.

In a statement to CityNews, Indigenous Services Canada said, “Everyone in Canada should have access to safe housing. While the Government of Canada is responsible for providing funding for safe and adequate on-reserve housing, First Nations are responsible for providing and managing housing on reserve.

“Canada’s position in the litigation is set out in its Memorandum of Fact and Law, which is publicly filed with the Court and available by contacting the Federal Court Registry. We have no additional information to provide other than what has been outlined in the Memorandum of Fact and Law.”