What Can Be Expected if the First Nations Water Class Lawsuit Isn’t Handled Out of Court?

Todayville Content Team

Published

3 years ago

5 minute read

The First Nations water class lawsuit is a legal case in which two First Nations, Tataskweyak and Neskantaga, sued the federal government of Canada.

The two First Nations argued that they had not received equitable treatment with respect to their right to clean, potable water. They also alleged that the federal government did not live up to its fiduciary duty concerning the rights of the indigenous people.

The lawsuit was filed in November 2016, but it wasn’t until July 2021 that the Canadian federal court in Ottawa approved an agreement reached between the complainants and the federal government agreed to pay $8 billion towards settling the case.

Understanding a Class Action Lawsuit

A class action lawsuit is a combination of lawsuits where the parties involved (class members) unite against a defendant for common harm suffered due to the defendant’s negligence.

However, the harm doesn’t have to have an equal measure for all the class members.

The only requirement is that the circumstances surrounding the resulting harm be the same. In other words, different class members can suffer different harmful outcomes for the same actions.

For example, consuming contaminated water could cause cancer in one group and gut-related illnesses in another. Under such circumstances, the two groups can belong to the same class against the defendant, but the value of their compensation could differ.

What the Ruling Means to Class Members

Following the ruling, the federal government agreed to pay $8 billion to the communities and individuals who suffered harm due to the federal government’s negligence. Persons that originally registered in the class may not have to register again.

But other people that want to be part of the class but were not original members have until March 2023 to register and December 22, 2022, for communities.

The largest chunk of the settlement funds will go into developing infrastructure that will ensure that the communities have access to clean drinking water.

Also, eligibility is limited to persons that lived in the first nation area from November 20, 1995, to June 20, 2021. Also, a claimant must be a member of any First Nation. By agreeing to take the offer, the members of the class lawsuit give up their right to hold the federal government liable for any damages suffered during the period, but they can still retain the right to sue for harm caused by drinking water after June 2021.

What If the Case Didn’t Settle Out of Court

When the court had to approve the agreement between the federal government and the members of the first nation’s lawsuits, the agreement was reached out of court, which is the case for most tort cases. Had the government chosen not to offer compensation, the case would have had to go through a trial.

By agreeing to go to trial, both the claimant and the defendant would have to trust the strength of their case to produce the results they hope to get. Often most parties will agree to cede some ground to avoid the unpredictability of a trial outcome that the court determines.

Learning From Other Class Action Lawsuits around the World

The First Nation water class lawsuit is not the first in the world. Similar cases have been filed in other parts of the world, for example, Camp Lejeune in the USA.

For years, Camp Lejeune water contamination victims had been locked out of compensation through a legal technicality until congress passed laws allowing leeway to recover damages for damages from exposure to cancer-causing contaminants.

Several studies on the water linked bladder cancer to Camp Lejeune water contamination, with the main contaminant in the water being PCE, a chemical used in detergents and a known carcinogen.

Some First Nations Not Part of the Class

Not all first nations were included in the settlement because their approach to the case differed slightly from the others.

These nations reserve the right to pursue their compensation even as other groups recover damages from their settlement. These first nations are Tsuu T’ina, Sucker Creek, Ermineskin Cree, Blood Tribe (Kainai ), and the Okanagan Indian Band.

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Published on July 3, 2025

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Published on June 27, 2025

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Financial freedom means different things to different people. Some seek to clear debt or reduce working hours. Others aim to build an income stream separate from traditional employment. Betting is often seen as entertainment, but some treat it as a potential method for financial gain.

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