Drinking Water Advisories Class Action

Important updates

The Opt Out Deadline is March 29, 2021 at 11:59 pm.

Individual Band Members: if you do nothing, you will automatically remain in the Class Action. You will be bound by all Court orders, good or bad. If any money or other benefits are awarded, you may need to take action after notice to you to receive any benefits.


The Manitoba Court of Queen’s Bench and the Federal Court of Canada have decided that class actions on behalf of a “Class” of both First Nations and band members may proceed. Band members can choose whether to stay in the Class. First Nations can choose whether to join the Class. The Courts appointed Tataskweyak Cree Nation, Chief Doreen Spence, Curve Lake First Nation, Chief Emily Whetung, Neskantaga First Nation, and Chief Christopher Moonias to act as representative Plaintiffs for the Class.The Ontario Superior Court of Justice has approved the terms of the settlement as fair, reasonable, and in the best interests of the Class.

Band Members Included: The Class includes band members (as defined by the Indian Act):

  1.  whose reserve was subject to a drinking water advisory that lasted at least one year at any time from November 20, 1995 to the present;
  2.  had not died before November 20, 2017; and
  3.  ordinarily lived on their reserve.

Band Members Excluded: Members of the Tsuu T’ina Nation, Sucker Creek First Nation, Ermineskin Cree Nation, the Blood Tribe, Okanagan Indian Band, and Michael Darryl Isnardy are excluded from this class action.

Individual band members must decide whether to stay in the Class, and you have to decide this by March 29, 2021. First Nations must decide whether they want to join the class by no later than 120 days before the Class members’ claims are determined.

Court documents:

If you do not want to participate in this class action litigation, you need to remove yourself by opting out. If you opt out, you cannot get money or benefits from this litigation. To opt out, please submit an Opt Out Coupon by March 29, 2021.

To submit an Opt Out Coupon, use the following: Opt Out Coupon (PDF)*

*Acrobat Reader (to view, fill and save PDF form)

Contact us

Drinking Water Advisories Class Action
c/o CA2 Inc.
9 Prince Arthur Avenue
Toronto, ON M5R 1B2

Tel: 1-800-538-0009