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Settlement Overview:
- Who: A settlement has been proposed for First Nations groups who filed a pair of class actions against the federal government in May
- Why: Federal officials, along with First Nations representatives, announced they had reached an Agreement in Principle — an $8 billion settlement that will support access to clean drinking water and provide compensation to Class Members
- Where: The announcement was made at Indigenous Services Canada in Bella Bella, Heiltsuk Territory, British Columbia
Federal officials announced Friday that they will pay $8 billion to settle class action lawsuits filed by First Nations claiming the government systematically failed to allow them access to clean drinking water.
Minister of Indigenous Services Marc Miller, along with representatives from Tataskweyak Cree Nation, Curve Lake First Nation and Neskantaga First Nation outlined the deal, which stated, “[t]he Government of Canada is firmly committed to improving reliable access to safe drinking water in First Nations communities.”
The settlement, an Agreement in Principle, includes several components, according to Friday’s announcement.
The agreement sets aside $1.5 billion in compensation for Class Members, including those deprived of clean drinking water. Individuals from more than 250 First Nations may be able to take part in the clean drinking water settlement, including approximately 142,000 people.
The other measures described in the Agreement in Principle could bring the total settlement to $8 billion. These measures include the creation of a $400 million restoration fund along with a First Nations Advisory Committee on Safe Drinking Water.
In addition, the settlement will include a “renewed commitment” by the federal government to lift all long-term drinking water advisories, support for First Nations to develop their own drinking water laws, $6 billion to support access to clean drinking water, and modernization of First Nations drinking water laws.
“As of July 30, 2021, First Nations, with support from Indigenous Services Canada, have lifted 108 long-term drinking water advisories since November 2015. In addition, 186 short-term drinking water advisories have been prevented from becoming long term,” points out the announcement which also says the Government of Canada has committed more than $4.2 billion to First Nations to address problems with clean drinking water.
Plaintiffs Hope Clean Drinking Water Settlement Will End Unusable Water Problems
Tataskweyak Cree Nation, Curve Lake First Nation, and Neskantaga First Nation filed a class action lawsuit on behalf of all First Nations in May. They lodged complaints in Federal Court and Manitoba court.
The class actions claimed that the federal government has subjected those living in First Nation communities to conditions more like those in developing nations and not in a country known for its vast water resources.
“The emotional and spiritual damage of not having clean water, having to look at all of the water surrounding us on a daily basis and unable to use it, is almost unquantifiable,” Chief Emily Whetung of the Curve Lake First Nation told reporters at the time of the lawsuit.
Are you a member of the First Nations? Do you lack access to clean drinking water? Tell us about your experience in the comment section below.
The lead plaintiffs are represented by McCarthy Tétrault LLP and Olthuis Kleer Townshend LLP.
The First Nations Clean Drinking Water Class Action Lawsuits are Curve Lake First Nations, et al. v. Attorney General of Canada, Case No. T-1673-19 in the Federal Court of Canada, and Tataskweyak Cree Nation, et al. v. Attorney General of Canada, Case No. CI 19-01-24661 in the Manitoba Court of Queen’s Bench.
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