(Toronto, Ont.–Dec. 9, 2025) The Federal Court handed down two decisions on Friday that make clear the federal government has a fiduciary and legal duty to provide safe drinking water and adequate housing to First Nations.

The decisions are related to two class action lawsuits, one about drinking water launched by Shamattawa First Nation and certified in 2023; and one related to housing launched by St. Theresa First Nation and Sandy Lake First Nation and certified in 2024.

The two decisions mark the conclusion of the first stage of the class actions, which sought to answer the question of the government’s legal obligations to First Nations infrastructure. The judge found First Nations have been “overwhelmingly successful” in presenting their cases against the federal government.

“We’re pleased the courts have said what we’ve been saying all along: the crisis of First Nations infrastructure is not one of our own making. It is the result of decades of systemic and chronic underfunding that has had extreme and serious negative consequences for First Nations across Turtle Island,” said Ontario Regional Abram Benedict.

The $5 billion case filed by St. Theresa and Sandy Lake alleges Canada “deliberately” underfunded on-reserve housing infrastructure that led to poor housing that impacts First Nations’ citizens health and violates their Charter right to freedom of religion. Canada argued that the impact of inadequate housing on reserves on the Charter right to freedom of religion are “trivial or insubstantial.” The judge disagreed with this assessment and the extent of the breaches will be considered during the next stage of litigation.

Shamattawa’s $1.1 billion water class action seeks damages for First Nations who experienced drinking water advisories after June 20, 2020 and follows an early class action which lead to an $8 billion settlement in 2021.

Last week, First Nations Leadership went to Parliament Hill to draw attention to the government’s lagging response to the water crisis faced by First Nations in Ontario and called for the re-introduction of federal safe drinking water legislation.

Roughly a third of all First Nations in Ontario currently face a short- or long-term boil water advisory, with causes from faulty infrastructure, or deteriorating source waters and aquifers to contamination from bacteria and even uranium.

Nationally, it will cost $350 billion to close the infrastructure gap between First Nations and non-First Nation communities, according to a report by the Assembly of First Nations, with First Nations in Ontario accounting for about $60 billion of that gap.

-30-

Media Contact:                                                                                               

Isak Vaillancourt, Communications Manager
Chiefs of Ontario
Telephone: 416-819-8184
Email: isak.vaillancourt@coo.org

Declan Keogh, Strategic Advocacy Manager
Chiefs of Ontario
Mobile: (514) 519-5375
Email: declan.keogh@coo.org