First Nations drinking water $8B class action settlement

Update:

• The deadline to submit a claim has been extended to March 7, 2024.

Canada has agreed to pay $8 billion as part of a settlement to resolve class action lawsuit claims it failed to provide its First Nations communities with access to safe drinking water.

The settlement benefits First Nations members who were born before Nov. 20, 1995, and lived on an affected First Nation during a water advisory that lasted for a year or longer between Nov. 20, 2013, and June 20, 2021. 

The settlement also benefits First Nations members who were born on or after Nov. 20, 1995, and lived on an affected First Nation during a water advisory that lasted for a year or longer between Nov. 20, 1995, and June 20, 2021. 

Those born before Nov. 20, 1995, are only eligible for compensation going back to Nov. 20, 2013, because of certain legislative limitations.

A full list of the affected First Nations can be found on the settlement website. 

Members of the Tsuu T’ina Nation, Sucker Creek First Nation, Blood Tribe (Kainai Nation), and The Okanagan Indian Band are not included in the water class action lawsuit settlement, as these First Nations are pursuing compensation in a different way.

Canada has agreed to several settlements in recent years over the government’s treatment of First Nations in both the past and present. Several class action lawsuits from First Nations accused the federal government of failing its duty to provide indigenous communities with safe, clean drinking water.

“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 The Guardian. 

Plaintiffs in the case compared their conditions to those of developing countries. The First Nations note Canada is far from a developing nation and is instead a massive country known for its water access. 

However, despite having the means to provide First Nations with accessible, clean drinking water, the federal government allegedly failed to do so.

Instead, the plaintiffs say Canada denied them the ability to set up their own water systems and forced them to rely on federal infrastructure. According to the class action lawsuits, First Nations people experience regular water crises, cannot trust the safety of their well water, and have to rely on bottled water shipments.

Canadian authorities agreed to resolve these claims with a class action settlement valued at $8 billion.

The settlement provides several types of benefits including cash payments, infrastructure investments, and more. 

Class Members can benefit from a $1.8 billion fund to receive payments. Payments may be distributed to bands or to individuals. 

Additional payments for various injuries will be paid out of a specialized $50 million fund. Payment amounts will vary depending on each individual’s situation.

Canada has pledged to spend $6 billion by March 31, 2030, to support the construction, upgrading, operation, and maintenance of water infrastructure for the First Nations.

The country also renewed its commitment to its Action Plan regarding long term water advisories, planned modernizations for First Nations legislation, and created a First Nations Advisory Committee on Safe Drinking Water.

First Nations may choose to participate in the water settlement and provide a list of affected Class Members. 

The opt-out period has ended.

If a Class Member’s First Nation did not opt into the settlement, they can still benefit by filing an individual claim form. 

All claims in the water class action lawsuit settlement must be submitted by March 7, 2024.

Who’s Eligible

The settlement benefits First Nations members who were born before Nov. 20, 1995, and lived on an affected First Nation during a water advisory that lasted for a year or longer between Nov. 20, 2013, and June 20, 2021. 

The settlement also benefits First Nations members who were born on or after Nov. 20, 1995, and lived on an affected First Nation during a water advisory that lasted for a year or longer between Nov. 20, 1995, and June 20, 2021. 

Those born before Nov. 20, 1995, are only eligible for compensation going back to Nov. 20, 2013, because of certain legislative limitations.

Potential Award

Varies

Proof of Purchase

Government-issued ID, and supporting documents for specified injuries.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

03/07/2024

Case Name

Tataskweyak Cree Nation and Chief Doreen Spence on her own behalf and on behalf of all members of Tataskweyak Cree Nation v Attorney General of Canada, Court File No. CI-19-01-24661 in the Manitoba Court of Queen’s Bench

Curve Lake First Nation and Chief Emily Whetung on her own behalf and on behalf of all members of Curve Lake First Nation and Neskantaga First Nation and Chief Christopher Moonias on his own behalf and on behalf of all members of Neskantaga First Nation v Attorney General of Canada, Court File No. T-1673-19 in the Federal Court

Final Hearing

12/22/2021

Settlement Website

FirstNationsDrinkingWater.ca

Claims Administrator

PO Box 160
Stn Adelaide,
Toronto ON
M5C 2J2
firstnationswater@deloitte.ca
833-252-4220

Class Counsel

MCCARTHY TÉTRAULT LLP

OLTHUIS KLEER TOWNSHEND LLP

Defense Counsel

ATTORNEY GENERAL OF CANADA