Ontario First Nations sue federal government over fire protection services funding

Two Ontario First Nations, including one in northwestern Ontario, are suing the federal government over what they allege is underfunding of fire protection services in First Nation communities.

The lawsuit was filed in federal court on Friday. The plaintiffs — northwestern Ontario's Sandy Lake First Nation, and Oneida Nation of the Thames, which is located near London — say underfunding has resulted in a disproportionate number of Indigenous people dying in house fires.

"Right now, people living on-reserve in Ontario are 10 times more likely to die in a fire than people living off-reserve," said Krista Nerland, an associate with Olthuis Kleer Townshend LLP, the firm representing the First Nations.

"When it comes to children living on-reserve in Ontario, there are investigations and reports that have found they are 86 times more likely to die in a fire than children that live elsewhere," Nerland said. "So, this claim is saying that this is really, in part at least, the result of Canada's policies for how they fund fire services on reserve."

"Canada's funding formula is designed in a way that virtually guarantees that First Nations will get less than other communities for their fire services. And that means that in in the majority of cases, they really can't meet the needs of their communities for fire services."

The lawsuit comes after a number of serious fires in First Nations across northern Ontario this year, including a fatal blaze in Peawanuck, the loss of Eabametoong First Nation's only school, and the destruction of Cat Lake's nursing station.

Indigenous Services Canada responds

Nerland said the government has not yet filed a statement of defence responding to the allegations outlined in the statement of claim. None of the allegations have been proven in court. 

Sylvain-Nicolas Bourgeois, a spokesperson for Indigenous Services Canada, said the government cannot respond to the ongoing lawsuit as it before the courts. However, he provided an emailed statement to CBC News on Wednesday.

"Everyone, including all First Nations people and communities, should have access to adequate fire protection. Indigenous Services Canada (ISC) works with all First Nation communities to address and improve fire protection on reserve," Bourgeois said.

"The Government of Canada has consistently expressed its strong commitment to advancing reconciliation and renewing the relationship with Indigenous Peoples based on a recognition of rights, respect, co-operation and partnership."

He said more information about the government's fire protection services in First Nations can be found online.

"Canada respects the choice of First Nations to seek the court's assistance on the important issue of fire protection," Bourgeois said.

"What we're arguing in this claim is that all of this, this picture where where First Nations are really getting less than other communities, even though their needs are higher, it's a violation of the Charter of Rights and Freedoms," Nerland said. "We say it's discriminatory, contrary to Section 15 of the Charter."

"We're also arguing that it's a violation of Section 7 of the Charter," she said. "Section 7 is the provision that deals with protecting life, liberty and security of the person. And we're saying that because these policies put First Nations people at a higher risk of injury and and death, and because they do this in a way that's really arbitrary, that's a violation of Section 7 of the Charter."

Challenges with training, space, equipment

Coun. Terrance Meekis of Sandy Lake First Nation said a lack of funding for fire services means limited space for firefighter training. Mental health supports also suffer, as does personal protective equipment (PPE) for firefighters.

"A lot of our PPE goes out of service with the amount of fires that we have," said Meekis, who formerly served as fire chief in Sandy Lake. "A lot of our equipment doesn't last. And then trying to replace all the equipment is pretty expensive too, like the self-contained breathing apparatuses; that alone is probably about $10,000 per firefighter."

"That's not even including the bunker gear like jackets, boots, everything that you need."

Our fire truck was freezing. Everything was freezing … then after we found the children, all my firefighters ended up in the clinic with smoke inhalation.- Sandy Lake First Nation Coun. Terrance Meekis

While Sandy Lake does have a fire hall, Meekis said another one on the other side of the community is needed.

"We're growing, and our fire hall is not actually catching up to all the buildings we service," he said.

Sandy Lake's location in the far north also adds firefighting challenges during the winter. A house fire that led to the death of three children in the community in January 2022 saw firefighters attempting to extinguish the blaze in -40 C weather, he said.

"Our fire truck was freezing," Meekis said. "Everything was freezing … then after we found the children, all my firefighters ended up in the clinic with smoke inhalation."

He said the community gets anywhere from one to 10 fires a year.

"Every fire is different," Meekis said. "Sometimes we have the proper equipment, sometimes we don't have enough of the equipment that we need."

"We're always constantly trying to fly [supplies] in, like even the foam if we're to fight chemical fires."

His hope is that the lawsuit puts pressure on the federal government ot invest in more resources in communities like Sandy Lake, so that it's easier for community members to access the training they need.