Federal Court Confirms that Canada has a Duty to Provide Adequate Housing on Reserve – OKT Law
On the Federal Court released its groundbreaking decision in St. Theresa Point First Nation v His Majesty the King.[1] In it, Justice Favel found that the Government of Canada owes a duty to take reasonable measures to ensure access to adequate housing on reserve, and that Canada must refrain from impeding that access. The decision confirms what many First Nations leaders have been saying for decades – that Canada has created conditions which have made it nearly impossible to build adequate housing independently. Canada often placed reserves in remote places where economic development is difficult, and then used a “constellation of laws, policies and funding agreements [that] have created so much control that there are next to no options for housing development” without Canada’s involvement.[2]
More specifically, the Court concluded that Canada owes fiduciary duties and a common law duty of care to the class, while also finding that sections 2, 7, and 15 of the Canadian Charter of Rights and Freedoms (the “Charter”) are engaged. Justice Favel went further and recognized that this case presents “special circumstances” which may give rise to a positive obligation for the Crown to protect the section 7 rights of class members. The reasons were released concurrently with Shamattawa First Nation v His Majesty the King, which found the same rights and obligations are engaged in the context of long-term drinking water advisories on reserve.
