Legal Notice (long version): Are You a Member of a First Nation That Has Been Subject to Inadequate Housing?

1. Why is there a notice?

The Court has "certified" a Class Action. This means that the lawsuit meets the requirements for class actions and may proceed to trial. If you are included, you may have legal rights and options before the Court decides whether the claims being made against Canada on your behalf are correct. This notice attempts to explain all of these things.

Associate Judge Crinson and Justice Strickland of the Federal Court are currently overseeing the case known as St. Theresa Point First Nation et al. v. Canada. The persons who sued are called the Plaintiffs. Canada is the Defendant. A link to the latest version of the Statement of Claim (PDF) (the legal document that makes the allegations against Canada) can be found here.

2. What is this litigation about?

This Class Action asserts that Canada breached its obligations by failing to ensure that First Nations communities had access to adequate housing. The Class Action also asserts that members of these communities and the communities themselves were harmed emotionally, physically, financially, and spiritually. The Class Action asserts that Canada has breached its fiduciary duties, its duty of care, and the Charter of Rights and Freedoms. The Court has not decided (and Canada has not admitted) that any of these assertions are true. If there is no settlement with Canada, the Plaintiffs will have to prove their claims in Court.

If you are having a difficult time dealing with these issues, or have questions about the Class Action, you can send an email to firstnationshousing@classaction2.com or call 1-800-538-0009 for assistance.

3. Why is this a class action?

In a class action, the "representative plaintiffs" (in this case, St. Theresa Point First Nation, Chief Emeritus Elvin Flett, Chief Raymond Flett, Sandy Lake First Nation, and Chief Delores Kakegamic) sued on behalf of individual band members and First Nations who have similar claims. All of these individual band members are part of the "Class" or "Class Members", as are First Nations who choose to join the Class Action. The Court resolves the issues for all Class Members in one case, except (in the case of individual band members) for those who remove themselves from (opt out of) the Class and (in the case of First Nations) for those that do not join (opt into) the Class Action.

4. Who is a member of the Class?

1. All persons who:
   1. are members of a band, as defined in subsection 2(1) of the Indian Act, R.S.C. 1985, c, roman numeral 1I-5 ("First Nation"), the disposition of whose lands is subject to that Act or the First Nations Land Management Act, S.C. 1999, c. 24 (altogether, "First Nations Lands"), and ordinarily resided for at least one year from June 12, 1999 to present while those First Nations Lands were subject to the following conditions:
      1. at least 30% of the members of the First Nation ordinarily resident on reserve live in Band-Owned Housing, being housing that is owned and administered by a First Nation and funded, directly or indirectly, by Canada:
         1. with a shortfall of two bedrooms or more relative to the Canada Mortgage and Housing Corporation's National Occupancy Standard; and
         2. that requires major repairs, including defective plumbing or electrical wiring, or structural repairs to walls, floors, or ceilings, or which requires replacement; or
      2. at least 70% of the members of the First Nation ordinarily resident on reserve live in Band-Owned Housing with a shortfall of two bedrooms or more or 70% of the members of the First Nation ordinarily resident on reserve live in Band-Owned Housing that requires major repairs; and
      3. whether (A) or (B) above, or both, is not a Zone 1 First Nation according to the Band Classification Manual, being located within 50 km of the nearest service centre with year-round road access;
         (First Nations with First Nations Lands that satisfy the criteria in either (A) or (B) above, or both, and satisfy the criterion in (C) above are referenced as "Impacted First Nations"); or
      4. are First Nations Lands of the First Nations set out in the Impacted First Nations List below, which may be amended by further Order of the Court;
2. St. Theresa Point First Nation;
3. Sandy Lake First Nation; and

Any other Impacted First Nation that opts into this action ("Participating Nations").

5. What are the Plaintiffs asking for?

The Plaintiffs are asking for money and other benefits for the Class, including adequate housing infrastructure. The Plaintiffs are also asking for legal fees and disbursements, plus interest.

6. Is there any money available to Class Members now?

No money or benefits are available now because the Court has not yet decided whether Canada did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If money or other benefits become available, notice will be provided about how to ask for your share.

7. What happens if I do nothing at all? What happens if the First Nation does nothing at all?

Individuals Band Members: if you do nothing, you will automatically remain in the Class Action. You will be bound by all Court orders, good or bad. If any money or other benefits are awarded, you may need to take action after notice to you to receive any benefits.

First Nations: First Nations must choose to join the Class Action to receive the potential benefits and to be bound by all Court orders, good or bad.

8. What if I don't want to be in the Lawsuit? What if a First Nation wants to join the Lawsuit?

Individual Band Members: If you do not want to be in the lawsuit, you must remove yourself – this is referred to as "opting out." If you remove yourself, you will not receive any benefit that may be obtained from the Class Action. You will not be bound by any Court orders and you keep your right to sue Canada as an individual regarding the issues in this case.

To remove yourself, send a communication that says you want to be removed from the Class in St. Theresa Point First Nation et al. v. Canada Court File No. T-1207-23. Include your name, address, telephone number, and signature. You can also get an Opt Out coupon at First Nations Housing Class Action. You must deliver your removal request by March 31, 2025, to:

First Nations Housing Class Action c/o CA2 Inc.,
9 Prince Arthur Avenue,
Toronto, Ontario M5R 1B2.

Email firstnationshousing@classaction2.com or call 1-800-538-0009 if you have any questions about how to get out of the Class Action.

First Nations: First Nations that wish to join the Class Action and assert claims on behalf of their band or community must take action to join – this is referred to as "opting in." To opt in, or to seek more information, please contact:

• Class Counsel Alana Robert (toll free: 1-877-244-7711 extension 548022, alrobert@mccarthy.ca);
• Class Counsel Stephanie Willsey (toll free: 1-877-244-7711 extension 548962, swillsey@mccarthy.ca);
• Class Counsel Rachel Chan (toll free: 1-877-244-7711 extension 548075, rchan@mccarthy.ca); or
• Class Counsel Kevin Hille (416-598-3694, khille@oktlaw.com).

Requests by First Nations to opt in must be sent no later than 90 days before Class members' claims are determined.

9. Do Individual Band Members have a lawyer in the case?

Yes. The Court has appointed McCarthy Tétrault LLP and Olthuis Kleer Townshend LLP to represent you and other Class Members as "Class Counsel." You will not be charged legal or other fees or expenses for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

10. How will the lawyers be paid?

The Representative Plaintiffs have entered into a retainer agreement with Class Counsel. Class Counsel will only be paid if they win judgement or if there is a settlement. The Court has to also approve their request to be paid to ensure that it is fair and reasonable. The fees and expenses could be deducted from any money obtained for the Class, or paid separately by the Defendant.

11. How and when will the Court decide who is right?

If the Class Action is not dismissed or settled, the Plaintiffs must prove their claims at a motion for summary judgement or a trial. During the motion or trial, the Court will hear all of the evidence, so that a decision can be reached about whether the Plaintiffs or Canada is right about the claims in the Class Action. There is no guarantee that the Plaintiffs will win any money or benefits for the Class.

12. Will I get money after the trial?

If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will be notified about how to ask for a share or what your other options are at that time. These things are not known right now. Important information about the case will be posted on the website First Nations Housing Class Action as it becomes available.

13. How do I get more information and get information to people who need it?

You can get more information at First Nations Housing Class Action, by calling toll free at 1-800-538-0009, by writing to:

First Nations Housing Class Action c/o CA2 Inc.,
9 Prince Arthur Avenue,
Toronto, Ontario M5R 1B2

or by emailing: firstnationshousing@classaction2.com.

First Nations and Individual Band Members may also contact

• Class Counsel Alana Robert (toll free: 1-877-244-7711 extension 548022, alrobert@mccarthy.ca);
• Class Counsel Stephanie Willsey (toll free: 1-877-244-7711 extension 548962, swillsey@mccarthy.ca);
• Class Counsel Rachel Chan (toll free: 1-877-244-7711 extension 548075, rchan@mccarthy.ca); or
• Class Counsel Kevin Hille (416-598-3694, khille@oktlaw.com).

St. Theresa Point First Nation, Chief Emeritus Elvin Flett, Chief Raymond Flett, Sandy Lake First Nation, and Chief Delores Kakegamic, and Class Counsel kindly ask for the help of health care workers, social workers, First Nation community leaders, family members, caregivers and friends of Class members in getting information to Class Members who would have trouble reading or understanding this notice. More information about this lawsuit is available at the website or by contacting the Administrator or Class Counsel. Please show this notice to people who may be impacted by this lawsuit or their caregivers.