Two Ontario First Nations bands—Oneida of the Thames and the Sandy Lake First Nation—have initiated a class-action lawsuit against the Ontario provincial government, alleging discriminatory underfunding of fire protection services.
According to a CBC report, the lack of proper funding has been cited as a primary factor leading to the disproportionate fire-related fatality rates among Indigenous communities. The plaintiffs argue that the government has been aware of these elevated fire risks on reserves for over two decades but has taken no meaningful action to address the issue. They claim that this inaction violates section 7 of the Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person.
The legal team for the plaintiffs has also called for a supervisory order to keep the case within the Federal Court’s jurisdiction until changes are made to the fire funding strategies to comply with the Charter. Section 7 of the Charter protects against any government action that threatens life or security, but such rights can be limited if deemed “reasonably justified” under section 1 of the Charter.
Statistics from a recent Statistics Canada report reveal that Indigenous individuals are four times more likely to suffer fatal injuries in fires compared to the general Canadian population. Additionally, a report from Ontario’s coroner general has shown that Indigenous children are 86 times more likely to die in fires than their non-Indigenous counterparts. The Oneida nation alone has experienced over 30 structural fires since 2016, with inadequate fire hydrant coverage, despite longstanding petitions for improvement.
No claims have been proven in court yet, and the Attorney General’s office has not issued a defense statement. Indigenous Services Canada, the federal agency responsible for Indigenous affairs, did not respond to requests for comment.
For more information, please visit the original report on JURIST.