Two Ontario First Nations bands — Oneida of the Thames and the Sandy Lake First Nation — have filed a class-action lawsuit against the Ontario provincial government alleging discriminatory underfunding of fire protection services.
Per a CBC report, the lack of proper funding is cited by the bands as being responsible for the disproportionately high fatality rate of Indigenous people in forest fires. The plaintiffs contend the government has been aware of the elevated risk of fire on reserves for over two decades and has “done nothing about it.” Government inaction here infringes section 7 charter rights to life and security of the person, they argue. Attorneys for the plaintiff also filed for a supervisory order, seeking to keep the case within the jurisdiction of the Federal Court. They ask that the federal court maintain its jurisdiction over the file until the Canadian government alters its fire funding strategies in alignment with the charter.
Section 7 of the Charter of Rights and Freedoms entitles all Canadian citizens to protection against any government action that directly or indirectly threatens their “life, liberty and security of person.” Where any threat is posed to a claimant’s life or their right to avoid interference with their body – life and security rights are generally engaged. However, these rights are not absolute, and the government may limit any rights set out within the charter if they can be “reasonably justified” under section 1 of the charter.
A recent Statistics Canada report found Indigenous people are four times more likely to suffer fire fatalities than the general Canadian population, and a report from Ontario’s coroner general found Indigenous children are 86 times more likely to die from fire than non-Indigenous children. In the Oneida nation alone, more than 30 structural fires have occurred since 2016. Few fire hydrants currently exist in the reserve either, despite the band petitioning the federal government for adequate fire hydrant coverage for over 26 years.
At this time, no claims have been proven, and the defendant, the Attorney General, has not provided any statements of defense. Indigenous Services Canada, the federal agency responsible for administrating Indigenous affairs within Canada, did not respond to local media’s requests for comment.
