First Nations ‘shouldn’t be living like second class citizens,’ says lawyer

A $5 billion class action against the Canadian government over inadequate housing was heard last week.

The lawsuit filled in 2023 against Canada by more than 100 First Nation alleges Canada has breached its obligations by failing to ensure that First Nations communities had access to adequate housing.

Sandy Lake First Nation, alongside St. Theresa Point First Nation in Manitoba, is a representative plaintiffs in the case.

“I’m hopeful that following the hearing, which took place last week in Winnipeg, would have been a further opportunity for both the court and also for Canada and its representatives to hear more about the conditions of class members,” said Stephanie Willsey, a lawyer from McCarthy Tetrault LLP representing the First Nations communities.

“Members are living in homes where it’s very common for 20 people to be living with just a couple of bedrooms and a single bathroom,” she said. “A significant portion of housing in remote reserves suffer from structural defects as a result of insufficient funding and the inaccessibility of winter roads and air shipping.”

Housing issues include infrastructure issues, mould and infestations from animals and pests.

The class action claims that Canada has breached its fiduciary duties, its duty of care, and the Charter of Rights and Freedoms, said Willsey

“When we submitted our claim on behalf of the First Nations, we did receive a statement of defence from Canada,” said Willsey

In the statement of defence, the federal government asserts “Canada does not build or maintain houses on reserves.”

Additionally, the government argues “Canada does not owe any legal obligations or duties to build and maintain houses on-reserve,” and that the claim should be dismissed.

Canada did not deny the claims made by First Nations communities, but denied responsibility for housing on First Nations.

“They shouldn’t be living as though they’re in a third world country when they’re here in Canada,” said Willsey.

A decision has not yet been made on the case.  – tbnewswatch.com

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…Housing issues include infrastructure issues, mould and infestations from animals and pests….

Infestation of animals and pests?  Pretty sure that is something the reserve can deal with themselves easily.  Youtube videos explain it all.  You do not need to fly someone up there to deal with that. Mould involves cleaning and controlling the humidity.  How often are these homes cleaned?  Ever?

As far as I know, housing is the responsibility of the reserve. The reserve owns the homes.  Its up to the reserve to maintain them and ensure they are fit for human occupation.  I would expect that the local authorities would check on their properties to ensure that the residents are taking care of them.

I guess, if you believe that house are easily replaced by the government for free, then extreme  diligence  when it comes to maintenance and occupation practices of these homes is not a priority for the reserve.  I have said this before that ensuring that smoke alarms are present in all of the buildings is a responsibility of the reserve.

If a roof leaks, its up to the reserve to repair it.  Its that simple. Repairing a leaky roof is not rocket science. Once again, YouTube videos are available that show you everything you need to know, what materials you need and how to go about it. Order the materials, have them flown in and fix the roof.

As far as over crowding goes, I have a question,…If not having access to  free housing for everyone living in a community is considered second class, then the whole country then the whole country is second class.

This FNs are asking to be elevated to a class status that does not exist outside of the FN community. People living outside of the FN world have to pay to own a house or rent an apartment.  That is just how it is. Unless, you are on welfare of course. Or are part of the ‘unhoused/addict/mentally-ill community.

I don’t think that the people on welfare or the people that are part of the unhoused/addict/mentally-ill community are considered first class citizens or even second class citizens.

My believe is that FNs are in a class by themselves.  Not second class. Not first class. Not third class.  They live in a world that is pseudo-welfare. It is welfare in every aspect except name. People ca argue over treaties and all of that stuff but in the end, its a form of welfare. It is what it is.

Land claim money….why not use some of that?  Access roads. more housing, air shipping etc.  FNs are getting millions in settlements.  Where is that money going?  What is it being used for?

previous related posts here