Class Action Lawsuit Against the Government of Canada

Attention: All Nation Community Members!

A Lawsuit that Hits Close to Home

Section 7 under the Canadian Charter of Rights and Freedoms is to ensure citizens of Canada are protected rights to life, liberty, and security. The reality is throughout colonial history in Canada these Rights have largely been ignored and neglected in Indigenous Nations.

The resilience of Indigenous communities throughout Canada and within the Líl̓wat Nation have shown what hardships they have endured for years on issues that other citizens take for granted. Namely, the access to clean water.

What began in 2019 was a Class Action Lawsuit against the Government of Canada for completely failing to take action on the continued drinking-water advisories on Indigenous territories across the country. In the fall of 2021, a settlement agreement was arrived at following the Federal Court and the Court of Queen’s Bench approval.

The settlement includes the following terms:

$1.5 billion in compensation for individuals deprived of clean drinking water;
the creation of a $400 million First Nation Economic and Cultural Restoration Fund;
a renewed commitment to Canada’s Action Plan for the lifting of all long-term drinking water advisories;
a commitment of at least $6 billion to support reliable access to safe drinking water on reserve;
planned modernization of Canada’s First Nations drinking water legislation;
the creation of a First Nations Advisory Committee on Safe Drinking Water; and
support for First Nations to develop their own safe drinking water by-laws and initiatives.

As some of you may know, there are community members within of Kwétsa7/Líl̓wat land that have been affected by water advisories in the past.

If you are a community member who was subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021 please contact us and let us know. Furthermore, we are asking for anyone affected (big or small) to please speak up and let us know if you had any symptoms. You may be entitled to financial compensation if you experienced any of the following during water advisories.

Digestive (gastroenterological)
Respiratory/Breathing
Dermatological (skin)
Liver
Neurological (brain/nervous system)
Bloodstream infections
Kidney
Tumors or Cancer
Mental Health

Please reach out to Lesley Becker, Community Advocate at navigator@lilwat.ca for any questions or to report harm. Speaking up is the most important thing to do right now, so please let us know.