Federal Court Affirms Canada’s Duty to Provide Adequate Housing and Safe Water on Reserve

Decision | Resources and Environment

Friday, December 5, 2025

The Federal Court has released its decision in St. Theresa Point First Nation v His Majesty the King, affirming that Canada owes a duty to provide adequate housing on reserve. This decision is the first stage of a class action in which St. Theresa Point First Nation and Sandy Lake First Nation are the representative plaintiffs of class of remote First Nations whose housing is overcrowded, in need of major repairs, or both. The class action was certified in 2024 and divided into two stages. Stage one answers whether Canada owes a duty to provide adequate housing on reserve. The Class brought a motion for summary judgement to answer that question.

Justice Favel of the Federal Court answered that yes, Canada owes both sui generis and ad hoc fiduciary duties and a common law duty of care. Justice Favel also found that sections 15, 7, 2(a) and 2(b) of the Charter are engaged. The Class can now proceed to stage two to answer whether Canada has breached those duties.

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In a companion decision to St. Theresa Point First Nation, The Federal Court has also decided that Canada owes a duty to provide adequate access to safe drinking water on reserve. Shamattawa First Nation v Attorney General of Canada is the first stage of a class action in which Shamattawa First Nation is the representative plaintiff of a class of First Nations who have faced long-term drinking water advisories on reserve that have lasted one year or more. The class action was certified in 2023 and divided into two stages. Stage one answers whether Canada owes a duty to provide adequate access to safe drinking water. The Class brought a motion for summary judgment to answer that question.

In a companion decision to St. Theresa Point First Nation, Justice Favel of the Federal Court answered yes, Canada does owe both sui generis and ad hoc fiduciary duties and a common law duty of care. Justice Favel also found that sections 15, 7, and 2(a) of the Charter are engaged. The Class can now proceed to stage two to answer whether Canada has breached those duties.

OKT is proud to represent the Plaintiffs in both cases, together with McCarthy Tétrault LLP.

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