Federal court rules Canada legally obliged to provide housing to First Nation communities

Indigenous leaders in Manitoba are calling it a major step forward after a federal court ruling confirmed Canada has a legal duty to provide adequate housing on First Nations communities.

The ruling affirms that Canada has an obligation to ensure adequate on-reserve housing. It stems from a class action brought forward by St. Theresa Point and Sandy Lake First Nation, where both have dealt with decades of chronic housing shortages.

Evidence presented showed one in four homes in St. Theresa Point are uninhabitable, and more than half in Sandy Lake require major repairs.

Manitoba Chiefs say this ruling confirms that safe housing is a Treaty and constitutional obligation, and that it validates a fight stretching back to the 1909 Adhesion to Treaty 5 — years of underfunding that left Nations without control over their housing systems.

Chief Emeritus Elvin Flett of St. Theresa Point Anisininew Nation said, “Homes without heat, children without safety, families without hope this isn’t an accident this is policy.”

 “All we know is that our band-based capital was capped nearly three decades ago and we are not given the resources to respond and to plan with adequate housing for our community members,” said St. Theresa Point Anisininew Nation Chief Raymond Flett.

Chiefs say overcrowding, mould, sewage issues and unsafe electrical systems have contributed to tragedies, including deadly house fires involving children.

Kyra Wilson, Grand Chief, Assembly of Manitoba Chiefs, said, “We need clear timelines, dedicated funding and recognizing First Nations must lead the design and delivery of housing solutions in their own communities.”

The feds will have the chance to appeal, if not, the lawsuit will move ahead, where first nations will seek damages and long-term solutions.

The federal government didn’t respond in time for the publication of this article.