First Nations Housing Class Action

 

Acting on behalf of St. Theresa Point First Nation, Chief Emeritus 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 against His Majesty the King in right 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.

There are two certified classes in the class action: the Individual class and the First Nation class. Individuals are automatically included if they meet the definition found in the Certification Order. Eligible First Nations will only be included if they opt-in by BCR on or before January 28, 2025. A list of eligible First Nations is found here. If your First Nation wishes to opt in, please contact us at HousingCA@oktlaw.com.

As set out in the Certification Order, the Individual class includes all members of First Nations who lived on a reserve that was more than 50 km away from the nearest service centre with year-round road access, 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.

Individual class members must have been alive two years prior to this action being commenced to be eligible for the compensation sought. 

For more information, including information about eligibility, please click here.

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 list of Impacted First Nations can be found here. First Nations are invited to opt-in by contacting our team at HousingCA@oktlaw.com. The deadline for opt-ins is January 28, 2025, and requires a BCR by the eligible First Nation’s Chief and Council.

First Nation members ordinarily resident on Impacted First Nations during the Class Period are automatically included in the action, unless they opt-out of the action.

If you or your First Nation would like more information, please email our team at HousingCA@oktlaw.com.

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. Nations will be able to share their story, and advance the rights of their community. The proceeding also allows individuals in these affected First Nations to advance their rights and obtain remedies.

What is certification?

The court first assesses whether the claim should be advanced in the form of a class action. The court considers whether the claim shows an appropriate cause of action, an identifiable class of persons, and issues that are shared in common. The court also determines 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. This class action was certified by the Federal Court on April 30, 2024. The Certification Order is found here.

Am I a class member?

This class action has two classes: the Individual class and the First Nation class. Individuals are automatically included if they meet the definition. Eligible First Nations have to opt-in by BCR. A list of eligible First Nations is found here.

If your First Nation meets the class definition, or if your First Nation would like more information, please contact Class Counsel at HousingCA@oktlaw.com.

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.

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CONTACT

For inquiries please contact:
Darian Baskatawang
Associate, Olthuis Kleer Townshend LLP
dbaskatawang@oktlaw.com and cc’ HousingCA@oktlaw.com
416 981 0051

 

For Class Member inquiries please email HousingCA@oktlaw.com