Class Action Lawsuit over Access to Clean Drinking Water on First Nation’s Reserves has been Certified
Photo by Brydon McCluskey on Unsplash
Written by: Micah Dewey
Acting on behalf of Tataskweyak Cree Nation, McCarthy Tétrault LLP and Olthuis Kleer Townshend LLP have commenced national class action litigation against the Attorney General of Canada for failing to address prolonged drinking-water advisories on First Nations reserves across Canada.
This lawsuit is claiming that Canada breached obligations it has to First Nations and their members by failing to ensure access to safe drinking water.
The lawsuit also argues that the Federal Government has breached basic human rights as outlined in the Canadian Charter.
The case has been certified as an open class action lawsuit available for any First Nations band or individuals who have been affected by boil-water advisories, do not consume advisories and do not use advisories at any time between November 8 1985 and today, as long as an advisory has been in place for a minimum of one year.
The litigation seeks to obtain two specific goals.
One, Monetary compensation for communities and individuals who have needlessly suffered from a lack of reliable drinking water.
And two, obtaining a declaration that Canada has an ongoing responsibility to work with First Nations to provide access to clean water, and requiring Canada to construct and fund appropriate water systems for First Nations Communities.
The lawsuit is seeking up to $2.1 Billion in damages and restitution.
One key claim the lawsuit makes is that Canada guarded its authority to deliver safe drinking water AND barred First Nations from funding and managing the crisis on their own. This claim is followed by the assertion that Canada was not only aware and advised of the living conditions of the First Nations, but that they purposefully chose not to take action due to incompetence.
Lawyers say that the duty of care that Canada has to First Nations has not been met and has led to people not being able to care or wash themselves or their families. They have not had access to water and have suffered a variety of illnesses and diseases that correlate with unsafe drinking water. The litigation compares living conditions to that of people who live in developing countries.
On the whole, this is a human rights case. Canada has failed to live up to its responsibilities including the right to security as outlined in Section 7 of the Charter.
The actions of the federal government also infringes on Section 15, as it relates to inequitable treatment, that revolves around living on a reserve,
And finally a violation of Section 2, by preventing traditional practices and ceremonies that require drinkable water. None of these individual breaches are consistent with a free and open democracy and therefore do not place a limit on the rights of the class making the suit. With these violations, it is clear that they do not justify a Section 1 exemption.
This is a massive step forward for human rights and dignity of our First Nations brothers and sisters. As non-First Nations people we can help by supporting their right to clean water, and being vocal and calling out injustice when it is flaunted openly.
The Canadian federal government has clearly violated the human rights of the class members including Tataskweyak Cree Nation and other First Nations Communities.
Link To Lawsuit Transcript:
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