Time is running out to apply for a share of the First Nations Drinking Water class action settlement fund. Application forms can be found online and must be submitted before March 7, 2024.
In 2019 the Neskantaga First Nation, Curve Lake First Nation and Tataskweyak Cree Nation started a national class action lawsuit to address drinking water advisories in their communities, drawing in other First Nations across Canada.
The lawsuits addressed Canada’s failure to take all reasonable steps to ensure that First Nations communities have adequate access to safe drinking water.
According to the First Nations Drinking Water Settlement website, it was December 22, 2021 when the courts approved an $8 billion settlement between Canada, certain First Nations and their members who were subject to a drinking water advisory that lasted at least one year between November 20, 1995, and June 20, 2021.
The settlement also includes commitments to fund the construction, operation and maintenance of infrastructure to provide First Nations and individual class members with regular access to safe drinking water in their homes.
$1.8 billion of the settlement is set aside for individual claimants who lived on an eligible First Nations reserve or treaty settlement land during the affected period. For Nuu-chah-nulth Nations, this includes:
- Ehattesaht First Nation claimants that lived at Chenahkint between June 23, 2006 and August 15, 2008
- Hupacasath First Nation claimants that lived at Klehkoot 2 between September 15, 2004 and October 3, 2005
- Huu-ay-aht, for those living at home between October 1, 2001 to April 1, 2003. As well as those living at home between July 30, 2004 and November 18, 2005 and between the dates of August 24, 2015 to June 20, 2021
- Toquaht, for those living at Macoah 1 between March 27, 2002 and March 31, 2014
- Ucluelet First Nation for those living on IR6 and IR7 (modern treaty land) between May 20, 2014 and June 20, 2021
- Pacheedaht, for those living on reserve between August 8, 2008 and April 15, 2010.
There are different types of compensation laid out in the $8 billion settlement, including:
- $1.8 billion in compensation to individuals and impacted First Nation(s);
- An additional $50 million allocated for eligible individuals who experienced specific injuries due to drinking water advisories that lasted at least one year between November 20, 1995, and June 20, 2021; These injuries could include gastro-intestinal illness, skin conditions, or cancer.
- $6 billion to support the construction, upgrading, operation, and maintenance of water infrastructure on First Nations land.
The amount of individual compensation is not yet known, but it will vary for each applicant based on the remoteness of their community and the type of water advisory they had. A chart on the First Nations Drinking Water Settlement website indicates that the payments would be in the range of $1,300 to $2,000 per individual, per year under a drinking water advisory.
To make a claim, go to the First Nations Drinking Water website at https://firstnationsdrinkingwater.ca/
For questions about the claims process and assistance with the claim form, contact the First Nations Drinking Water administrator toll-free at 1-833-252-4220, or contact your First Nation administration offices. There may be a person designated to assist members with application forms.
Claim forms can be found here: https://firstnationsdrinkingwater.ca/index.php/claim-forms/