Legal Notice (short version): Are You a Member of a First Nation That Has Been Subject to Inadequate Housing?
A Lawsuit May Affect You and Your First Nation. Please Read this Carefully.
You could be affected by class action litigation regarding the lack of access to adequate housing on First Nations reserves.
The Federal Court decided that a class action on behalf of a "Class" of both First Nations and band members may proceed. Band members can choose whether to stay in the Class. First Nations can choose whether to join the Class. There is no money available now and no guarantee that the class action will succeed.
The Courts appointed St. Theresa Point First Nation, Chief Emeritus Elvin Flett, Chief Raymond Flett, Sandy Lake First Nation, and Chief Delores Kakegamic to act as representative Plaintiffs for the Class.
On this page
What is this case 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 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 whether any of these assertions are true. If there is no settlement, the Plaintiffs will have to prove their claims in Court.
If you have questions about this class action, you can contact the Administrator via email at firstnationshousing@classaction2.com or by telephone at 1-800-538-0009.
Who represents the class
The Court has appointed McCarthy Tétrault LLP and Olthuis Kleer Townshend LLP to represent the Class as "Class Counsel". You do not have to pay Class Counsel, or anyone else, to participate. The Representative Plaintiffs have entered into a retainer agreement with Class Counsel. Class Counsel may ask for lawyers' fees and costs, which may be deducted from any money or benefits recovered for Class members. Class Counsel's fees must be approved by the Court to ensure that they are fair and reasonable.
Individuals Class Members: Who is included and who is excluded
Band Members Included
Band members (as defined by the Indian Act) who ordinarily resided for at least one year from June 12, 1999 to present on First Nations Lands of any First Nation while those First Nations Lands were subject to the following conditions:
- 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:
- with a shortfall of two bedrooms or more relative to the Canada Mortgage and Housing Corporation's National Occupancy Standard; and
- that requires major repairs, including defective plumbing or electrical wiring, or structural repairs to walls, floors, or ceilings, or which requires replacement; or
- 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
- whether (A) or (B) above, or both is not a Zone 1 First Nation according to the Band Classification Manual, being located within 50 kilometers 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")
Based on currently available census data, the Plaintiffs compiled a list of Impacted First Nations (the "Impacted First Nations List"). This list may change as additional data become available and may not reflect all Impacted First Nations. Unless the Court amends the Class definition, band members who ordinarily resided on the reserves of First Nations on the Impacted First Nations List for at least one year from June 12, 1999 to present will be Class members, unless they opt out (as discussed below). The Impacted First Nations List is as follows:
- Athabasca Chipewyan First Nation
- Attawapiskat First Nation / Attawapiskat Band
- Barren Lands
- Black Lake Denesuline First Nation / Black Lake / Black Lake Band
- Bunibonibee Cree Nation / Bunibonibee Cree Nation
- Cat Lake First Nation / Cat Lake
- Dechi Laot'i First Nations
- Deer Lake Band
- Ehattesaht / Ehattesaht Band
- Fond Du Lac Band
- Fort Albany And Kashechewan First Nation
- Fort Severn First Nation
- Garden Hill First Nations
- Hatchet Lake Denesuline Nation / Hatchet Lake / Hatchet Lake Band
- Ka:'Yu:'K't'h'/Che:K:Tles7et'h' First Nations / Ka'yu:'K't'h'/Che:K:Tles7et'h
- Kee-Way-Win
- Kitchenuhmaykoosib Inninuwug First Nation
- Kluskus / Kluskus Band
- Kwicksutaineuk-Ah-Kwaw-Ah-Mish First Nation
- Little Grand Rapids First Nation / Little Grand Rapids Band
- Little Red River Cree Nation / Little Red River Cree Nation Band
- Lutsel K'e Dene Band
- Lyackson First Nation / Lyackson / Lyackson Band
- Manto Sipi Cree Nation
- Mathias Colomb Cree Nation / Mathias Colomb
- Mushuau Innu First Nation
- Muskrat Dam First Nation
- Neskantaga First Nation
- Nibinamik First Nation
- Northlands Denesuline First Nation / Northlands
- Nuchatlaht First Nation
- Pauingassi First Nation Band
- Pikangikum First Nation
- Poplar Hill First Nation
- Red Sucker Lake First Nation
- Sachigo Lake First Nation
- Shamattawa First Nation / Shamattawa First Nation Band
- Skatin Nations (Skookumchuck)
- St. Theresa Point First Nation / St. Theresa Point / St. Theresa Point Band
- Tsay Keh Dene
- Wasagamack First Nation
- Wawakapewin First Nation
- Webequie First Nation
- Wunnumin Lake First Nation
- Poplar River First Nation
- Sandy Lake First Nation
- Sayisi Dene
- Berens River First Nation (Miimiiwiziibiing) / Berens River / Berens River Band
- Birch Narrows First Nation
- Clearwater River Dene
- Da'naxda'xw First Nation
- Eastmain Band
- First Nation Of Nacho Nyak Dun
- Kwiakah Band
- Ross River Band
- Tetlit Gwich'in
- Xeni Gwet'in First Nations Government
- Ahtahkakoop Cree Nation
- Alexandria / Alexandria Band
- Alexis Nakota Sioux Nation / Alexis Band
- Animibiigoo Zaagi'igan Anishinaabek
- Beardy's And Okemasis First Nation
- Big Island Lake Cree Nation
- Big River First Nation / Big River / Big River Band
- Blood
- Bloodvein First Nation / Bloodvein / Bloodvein Band
- Buffalo Point First Nation / Buffalo Point First Nation Band
- Canoe Lake Cree First Nation
- Chemawawin Cree Nation
- Cheslatta Carrier Nation
- Cross Lake Band (Pimicikamak Cree Nation) / Cross Lake First Nation
- Deh Gáh Got'ie Dene First Nation
- Deninu K'ue First Nation
- Frog Lake / Frog Lake Band
- High Bar
- Island Lake First Nation / Island Lake First Nation Band
- Kinistin Band
- Kitcisakik Band
- Little Saskatchewan First Nation
- Loon River Cree Band
- Lubicon Lake Nation
- Makwa Sahgaiehcan First Nation
- Marcel Colomb First Nation
- Ministikwan Lake Cree Nation
- Mishkeegogamang Ojibway Nation / Mishkeegogamang / Mishkeegogamang Band
- Mistawasis First Nation / Mistawasis
- Mosakahiken Cree Nation
- Nazko First Nation
- Nicomen
- Nisichawayasihk Cree Nation
- O-Chi-Chak-Ko-Sipi First Nation
- Onion Lake Cree Nation
- O-Pipon-Na-Piwin Cree Nation
- Oregon Jack Creek Band
- Pacheedaht First Nation
- Paul First Nation / Paul / Paul Band
- Peepeekisis Cree Nation
- Pelican Lake First Nation / Pelican Lake / Pelican Lake Band
- Peter Ballantyne Cree Nation / Peter Ballantyne Band
- Pinaymootang First Nation
- Pine Creek
- Red Earth First Nation / Red Earth Band
- Roseau River Anishinabe First Nation Government
- Sandy Bay Ojibway First Nation / Sandy Bay / Sandy Bay band
- Sapotaweyak Cree Nation
- Selkirk First Nation
- Shoal Lake Cree Nation
- Skin tyee
- Skownan First Nation
- Star Blanket First Nation
- Sturgeon Lake First Nation
- Sunchild First Nation / Sunchild cree first nation band
- Swan lake band
- Tallcree Tribal Government / Tallcree First Nation
- Tataskweyak Cree Nation
- Thunderchild First Nation / Thunderchild band
- Tl'etinqox Government
- Tootinaowaziibeeng Treaty Reserve
- Wabaseemoong Independent Nations
- Waterhen Lake (SK)
- White Bear First Nation
- Whitefish Lake (AB) / Whitefish Lake
- Witchekan Lake / Witchekan lake band
- Wuskwi Sipihk First Nation
- Yekooche First Nation
- Yellow Quill / Yellowquill
- Little Pine First Nation
Individuals: What are your options
Stay in the Class: To stay in the Class, you do not have to do anything. If the Class obtains money or benefits, Class Counsel will give notice about how to ask for your share. You will be legally bound by all orders and judgments, and you will not be able to sue Canada about the legal claims in this case.
Staying in the Class will not impact the supports received from community-based agencies that are funded by any government.
Get out of the Class: If you do not want to participate in this class action litigation, you need to remove yourself by opting out. If you opt out, you cannot get money or benefits from this litigation. To opt out, please visit First Nations Housing Class Action to obtain an Opt Out coupon, or write to First Nations Housing Class Action c/o CA2 Inc., 9 Prince Arthur Avenue Toronto, Ontario M5R 1B2 requesting to be removed from this class action. Please include your name, address, telephone number, and signature. Your request to opt out must be sent by March 31, 2025.
First Nations: What are your options
Elect to join the Class: First Nations that wish to join the Class and assert claims on behalf of their community must take action to opt 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).
Your request to opt in must be sent no later than 90 days before Class members' claims are determined.
How Can I get More Information
Name of Administrator: CA2 Inc.
Contact Information: firstnationshousing@classaction2.com or 1-800-538-0009
Getting Information To People Who Need It
The Representative Plaintiffs and Class Counsel ask for the help of health care workers, social workers, First Nations 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. Please show this notice to people who may be impacted by this lawsuit or their caregivers.