Notice of Settlement: Affected by Drinking Water Advisories on a Reserve
A proposed settlement may affect you. Please read this notice carefully.
The Manitoba Court of Queen's Bench and the Federal Court of Canada approved this notice. This is not a solicitation from a lawyer.
First Nations and their members affected by drinking water advisories since November 20, 1995 sued Canada for compensation in two class actions. The representative plaintiff First Nations and their members and Canada have reached a proposed settlement.
If approved by the courts, the proposed settlement would compensate eligible First Nations and their members. Eligible individuals may receive a payment for the years they ordinarily resided on First Nations Lands during a long-term drinking water advisory. It is expected that the per-year amount will vary from approximately $1,300 to $2,000 for eligible years. Additional amounts may be available to eligible individuals who suffered certain specified injuries as a result of using treated or tap water in accordance with a long-term drinking water advisory, or by restricted access to treated or tap water caused by a long-term drinking water advisory.
Each eligible First Nation that accepts the settlement will receive $500,000 plus half the amount paid to eligible individuals who ordinarily resided on that First Nation's reserve during a long-term drinking water advisory. Additionally, Canada will commit to make reasonable efforts to help ensure that eligible individuals have regular access to safe drinking water in their homes, and Canada will spend at least $6 billion on water and wastewater infrastructure on reserves.
If the settlement is approved by the courts, individuals and First Nations will give up their right to sue Canada for failing to provide safe drinking water on their reserves. Subject to court approval, the lawyers will be paid by Canada from a separately negotiated fund and not the money available for compensation.
The courts must approve the proposed settlement before there is any money or any other benefit available.
If you are eligible for compensation, your legal rights will be affected even if you do nothing.
You have three options:
- Object in writing: Write to the courts if you do not like the proposed settlement or the lawyers' fees and do not want them approved. If the settlement is not approved, no one will get any benefits under the settlement.
- Object in person: Ask to speak in court about why you do not like the proposed settlement or the lawyers' fees on December 7, 2021 at the Federal Court in Ottawa or by videoconference. You can obtain the details of the videoconference by contacting the Federal Court. If the settlement is not approved, no one will get any benefits.
- Do Nothing: Give up any right you have to object to the proposed settlement.
If you want to object or go to a hearing, you must act by November 23, 2021.
If you are a resident of the following First Nations: Oneida of the Thames; Deer Lake; Mitaanjigaming First Nation; North Caribou Lake; and Ministikwan Lake Cree Nation you my be able to exclude yourself from these class actions by writing to Drinking Water Advisories Class Action c/o CA2 Inc. at drinkingwater@classaction2.com by Tuesday, November 30, 2021.
To learn more about your options and determine if you or your First Nation is included, please visit: Drinking water advisories class action or call 1-800-538-0009.
If the proposed settlement is approved by the courts, eligible First Nations will have to accept its terms. First Nations that do not accept the settlement agreement in accordance with its terms will not be eligible for benefits under the settlement agreement.
For more information about how a First Nation can accept the settlement agreement, please contact:
- Stephanie Willsey at Direct Line: 416-601-8962, Toll-Free 1-877-244-7711, Email: swillsey@mccarthy.ca
- Alana Robert at Direct Line: 416-601-8022, Email: alrobert@mccarthy.ca
- Jaclyn McNamara at Direct Line: 416-598-1214, Email: jmcnamara@oktlaw.com