First Nations Housing Class Action

 

Acting on behalf of St. Theresa Point First Nation, Chief Elvin Flett, Sandy Lake First Nation and Chief Delores Kakegamic, Olthuis Kleer Townshend LLP, working with McCarthy Tétrault LLP, has brought a national class action litigation against the Attorney General of Canada for failing to address the housing crisis in reserve communities. The class action alleges that Canada has breached its obligations to First Nations and their members by failing to ensure that reserve communities have adequate housing. Canada is alleged to have been negligent, breached its fiduciary duties, breached the honour of the Crown, and breached several rights under the Canadian Charter of Rights and Freedoms.

The class action seeks $5 billion in compensation, as well as an order that the federal government comply with its obligation to provide adequate housing in reserve communities.

The class includes all members of First Nations where the majority of the population lives with a shortfall of two bedrooms or more relative the National Occupancy Standard, and in housing that requires major repairs. Class members must have been alive two years prior to this action being commenced to be eligible for the compensation sought. Additionally, First Nations Bands may opt into the class action.

Case Updates

The Statement of Claim was issued in the Federal Court on June 12, 2023, and can be found here.

On April 30, 2024, the Federal Court certified this action as a class proceeding. The Certification Order can be found here.

The certified class includes all members of First Nations who lived on reserve while:

  1. at least 30% of its members resident on reserve were living in Band-Owned Housing that (a) had a shortfall of two bedrooms or more, and (b) required major repairs; or
  2. at least 70% of its members resident on reserve were living in Band-Owned Housing that (a) had a shortfall of two bedrooms or more, or (b) required major repairs.

The list of Impacted First Nations can be found here. First Nations can opt-in to the action, and are invited to connect with Class Counsel to do so. Members of these nations living on reserve during the Class Period are automatically included in the action, unless they opt-out of the action.

Frequently Asked Questions

What is a class action?

A class action is a lawsuit that allows a large group of people with common issues to come together to advance a claim. By joining together, class actions provide a more efficient way to advance legal claims.

This proceeding will allow First Nations themselves to join the action. Bands will be able to share their story, and advance the rights of their community. The proceeding also allows individuals in these affected communities to advance their rights and obtain remedies.

What is certification?

The court must first assess whether the claim should be advanced in the form of a class action. The court will consider whether the claim shows an appropriate cause of action, an identifiable class of persons, and issues that are shared in common. The court will also determine whether a class action is a preferable procedure, and whether there is an appropriate representative plaintiff. If the class action is certified by the court, the representative plaintiff or plaintiffs will advance the case on behalf of all class members.

Am I a class member?

First Nations Bands May Register

If your First Nation has experienced conditions where the majority of the population lives with a shortfall of two bedrooms or more relative the National Occupancy Standard, and in housing that requires major repairs between June 12, 1999 to present, please contact Class Counsel at housing@mccarthy.ca.

If you or your First Nation would like more information, please contact Class Counsel: Stephanie Willsey (1-877-244-7711, extension 548962), Alana Robert (1-877-244-7711, extension 548022), or Rachel Chan (1-877-244-7711, extension 548075).

Individuals Are Automatically Included

When a class action is certified, a definition of the class is provided. If you are an individual class member meeting the class description, then you do not need to sign up to be part of the class action – you are automatically included.

Do I have to pay to be part of the class action?

No. This class action will proceed on a contingency fee basis. This means that the lawyers bringing the action will only be paid if the class action succeeds. If successful, the lawyers will be paid a portion of the settlement or judgment, but only if the court approves.

In the News

Contact

For media inquiries, please contact:

Kevin Hille
Partner, Olthuis Kleer Townshend LLP
khille@oktlaw.com
416 598 3694

For class member inquiries, please contact:

Darian Baskatawang
Associate, Olthuis Kleer Townshend LLP
dbaskatawang@oktlaw.com
416 981 9406