Manitoba First Nation have filed a lawsuit accusing the federal government

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Manitoba First Nation sues Ottawa over toxic mould contamination

By MICHELLE MACAFEE

http://cnews.canoe.ca/CNEWS/Canada/2004/11/16/717429-cp.html

WINNIPEG (CP) - Residents of a southern Manitoba First Nation have

filed a lawsuit accusing the federal government of ignoring a toxic

mould problem that has forced some people from their homes and made

others sick.

In a statement of claim filed in Manitoba Court of Queen's Bench on

Tuesday, the Dakota Plains First Nation wants compensation for the

government's alleged failure to address widespread contamination it

has known about for years.

" There are 32 dwellings and they've all been confirmed to have

contaminants in the air, " Chief Orville Smoke told a news

conference.

" I think the lawsuit will bring attention to something that has been

ongoing. "

Smoke said two families were forced by their doctor to leave the

community, 80 kilometres west of Winnipeg, because of health

problems attributed to mould. About 100 others have also left, many

because of the mould, he added.

Stan Myran, the band's health adviser, said health complaints range

from respiratory problems, chronic colds and fatigue that hit elders

and children especially hard.

" There are a lot of health and safety issues here that are being

ignored, " said Myran.

" We have to suffer through this and we're not prepared to do that

anymore. "

Housing on First Nations has been a long-standing source of friction

between aboriginals and the federal government.

The Assembly of First Nations wants the Department of Indian Affairs

and the Canada Mortgage and Housing Corp. to get out of the business

of aboriginal housing and let a First National Housing Authority set

standards and codes and distribute federal funding.

Last year, Auditor General Sheila Fraser said poor construction,

toxic mould and lax controls all contribute to a nasty problem that

no one is fixing.

An Indian Affairs spokesman refused to comment on the allegations in

the lawsuit.

But Gilbert Savard said the department has given the Dakota Plains

about $700,000 for emergency home repairs during the past year.

He said department officials have also met regularly with the

community to try to improve drainage in the area.

A report written for the band earlier this year by University of

Calgary researcher Tang Lee concluded many of the houses on the

reserve are not fit for human habitation and contain species of

toxin-producing moulds.

The report also noted the homes are a breeding ground for mould

because the land appears to be muskeg and water easily seeps into

dirt-covered crawlspaces. Once inside, the moisture helps mould

spread easily in walls, ceiling, windowsills and floors of poorly

designed houses.

Myran said it has already cost more than $1 million to fix the

houses and it could cost about $18 million to repair or rebuild the

houses in their current location. He said it would be cheaper for

Ottawa to relocate the band to drier ground.

Lawyer said the Dakota Plains deserve compensation

because they don't have a treaty with Ottawa and were forced to move

to the area.

said the drainage project currently being negotiated may solve

the moisture problem, but will not repair the houses or alleviate

suffering.

" This First Nations government couldn't go through another winter

with these people trapped in their homes breathing toxic air without

taking some kind of action, " he said.