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First Nations class action settlement overview:
- Who: An $8 billion class action settlement between Canada and First Nations members has been approved.
- Why: The First Nations settlement will allow for improvements for water infrastructure in communities with unsafe drinking water and other benefits for those affected.
- Where: The clean water settlement was jointly approved by the Federal Court and the Court of Queen’s Bench of Manitoba.
The Federal Court and the Court of Queen’s Bench of Manitoba have approved an $8 billion class action settlement filed by First Nations members who say they did not have access to clean drinking water, according to an Aboriginal Peoples Television Network (APTN) article.
The clean water settlement was ratified on Dec. 22 and will pay up to $6 billion over nine years to improve water infrastructure in the affected communities.
Under the terms of the clean water class action settlement, Canada will also pay $1.5 billion to individual First Nations members and $400 million into an economic and cultural restoration fund, according to the article.
Approximately 142,000 First Nations members may be eligible for benefits under the clean water class action settlement. They will need to opt in once the settlement takes effect. A First Nations clean water committee will also be established.
Clean water settlement gives First Nations members ability to compel action
“This is great progress, but it’s just a small stepping stone to ensuring that every status Indian living on an Indian reserve has access to clean drinking water,” Plaintiff Emily Whetung said in the article.
Whetung is chief of Curve Lake First Nation in southern Ontario. Although Curve Lake is surrounded by water, the community has had to truck in potable water on occasion due to poor supply.
She says the clean water settlement provides First Nations members with a method in which to compel Ottawa to take action on the promises it has made.
“It becomes less and less important what the political promises are and it becomes more and more important that we have the ability to enforce real, meaningful access to clean drinking water,” Whetung said in the article.
First Nations class actions alleged community water not safe to drink
The clean water class action lawsuit was filed in Federal Court in 2019 due to an alleged lack of access to clean water in certain First Nations communities, the APTN article states.. A second clean water class action lawsuit was filed the same year in the Manitoba Court of Queen’s Bench. The class action lawsuits were combined and certified in 2020.
Indigeous Services Canada’s website indicates that 124 long-term drinking water advisories have been lifted since November 2015, but there are currently 38 long-term drinking water advisories still in effect in 29 communities.
Does the First Nations class action settlement go far enough to address concerns about clean water in the affected communities? Tell us what you think in the comments below!
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