A federal judge has ruled that the Canadian government has a legal obligation to provide safe drinking water and adequate housing to certain First Nations. This decision, delivered on Friday, affects two First Nations in Manitoba and one in Ontario that filed lawsuits against the government.

Justice Paul Favel stated that the federal government must ensure that the Shamattawa First Nation, along with other First Nations participating in the class-action lawsuit, have access to safe drinking water. This ruling applies to communities under a drinking water advisory that has been in effect since June 20, 2020. The Shamattawa First Nation initiated the class-action lawsuit, which was certified in 2023, representing all First Nations members across Canada.

In a separate ruling, Justice Favel determined that residents of St. Theresa Point First Nation in northeastern Manitoba and Sandy Lake First Nation in northern Ontario should have received adequate housing on their reserves from June 12, 1999, to the present. This period is defined as the class period in the lawsuit.

Favel emphasized that the Canadian government has historically exerted control over First Nations, which has led to their dependency. He noted that the government has controlled various aspects of First Nations life, including financing for water infrastructure and housing. The judge pointed out that the rights guaranteed under the Charter of Rights and Freedoms, including equality and security, may have been compromised.

The Shamattawa class-action lawsuit seeks $1.1 billion and builds on a previous class-action case regarding drinking water advisories that resulted in an $8 billion settlement in 2021. The remote community of Shamattawa took legal action after enduring years under a boil-water advisory.

During the court proceedings, representatives from several First Nations, including Líl̓wat and Secwepemc in British Columbia, and others in Saskatchewan and Ontario, testified about inadequate funding for long-term water solutions. Shamattawa Chief Jordna Hill stated in an affidavit, "The state of crisis experienced by our members living on reserve is one that is unknown to Canada’s employees." He highlighted the disparity in resources, noting that federal workers in Shamattawa receive bottled water while local residents do not.

The housing conditions on reserves were also a focal point of the ruling. The $5 billion class-action lawsuit from St. Theresa Point and Sandy Lake claims that the federal government has "deliberately underfunded housing on reserves" and imposed restrictions on housing development. Justice Favel noted that many families live in condemned units due to a lack of options, leading to tragic outcomes, including the deaths of two teenage girls in St. Theresa Point in 2023 and three children in a house fire in Sandy Lake in 2022.

Favel described the dire living conditions, stating, "Children are unable to regularly bathe, their sleep is disrupted due to overcrowding, they are frequently ill due to cold, damp conditions, and because of severe mold and pest infestations." He added that these conditions adversely affect the mental, emotional, and physical well-being of children, as well as their education.

The recent rulings mark the first stage of the class-action lawsuit, which established the government's obligation to the First Nations. A second stage will address potential breaches of rights and remedies. Justice Favel's decisions also granted costs to the plaintiffs based on their "overwhelming success" in the case.

St. Theresa Point Chief Raymond Flett expressed cautious optimism about the ruling. "It is quite overwhelming that we got the decision in our favor and exciting stuff. But at the same time [we have] to be grounded," he said. Flett emphasized that their fight is not just for their community but for all First Nations facing housing crises across Canada.