AFN national chief urges all parties to support First Nations clean drinking water legislation

With over 30 long-standing boil water advisories still in place on First Nations across the country, the Assembly of First Nations is hoping all parties support legislation that would set drinking water standards on reserves. 

“It’s time that Canada makes this right with First Nations people,” Assembly of First Nations National Chief Cindy Woodhouse Nepinak told reporters in Ottawa Thursday, after appearing before the standing committee studying the legislation. 

“We’re here to call on all political parties in the House, all members of Parliament in the House, we urge you to all support Bill C-61.”

There were 105 long-term boil water advisories on reserves when the Liberal government came to power in 2015. Thirty-three advisories were in place as of Sept. 28. In total, 145 long-term boil water advisories have been lifted.

“Canada over the last nine years has invested billions of dollars to try to rectify what has been … a profound inequity,” Indigenous Services Canada Minister Patty Hajdu told reporters. 

“This bill … seeks to address the long standing systemic issues that have led us to this place, where Canada has neglected the rights of First Nations drinking water.” 

Quoting Chief Jordna Hill from Shamattawa First Nation in Manitoba, Woodhouse Nepinak called this issue “a national embarrassment.” 

She said she worries the bill will die if it’s not passed before the next federal election.

Hajdu said the Opposition is holding up the bill. 

“If we continue to see the kind of obstruction that we’re seeing from the Conservative Party, we will be in a place where we won’t be able to finish the debate on this bill and send it to the Senate,” said Hajdu.

“Ultimately we have a race against time.”

In an emailed statement Conservative House Leader Andrew Scheer said after nine years, “the NDP-Liberals have broken their promise to ensure that Indigenous Canadians have access to clean drinking water.”

“The minister knows that the Indigenous water bill is at committee, which isn’t affected by what is going on in the House. All members of the committee, including the Liberals, have agreed to the committee timetable to address the bill.”

‘Best efforts’

Not all chiefs are in agreement with how the bill is currently written, and some worry the language doesn’t go far enough.

“The bill says Canada will use ‘best efforts’ to ensure access to clean and safe drinking water on reserves, but this is not binding,” Trevor John, chief of Kehewin Cree Nation in Alberta, told the standing committee.

“With no clear implementation plan … we are setting the stage for new challenges for the next generation, and this is not acceptable.”

In April, the federal government signed an Order in Council to enter an agreement with Manitoba, Saskatchewan, and Alberta, to amend the Canada Water Act, essentially giving the Prairie provinces more control over transboundary aquifers, and the water in them.

“Canada this summer … gave permission to the Alberta, Saskatchewan and Manitoba provincial governments to reapportion water for their purposes without a single interaction with our governments,” said John.

“This is not a good start for us to feel any assurance that ‘best efforts’ will help … our needs for water and related infrastructure.” 

Hajdu argues the use of the words “best efforts” comes from a 1994 decision from the Supreme Court of British Columbia, and is held to a high regard. 

“‘Best efforts’ — as much as it sounds like [it] is some way for Canada to avoid its legal obligations …  [it] imposes a higher obligation than ‘reasonable efforts,'” said Hajdu. 

“It’s a very high legal bar.” 

The federal government was in court this week fighting a national class-action lawsuit launched by Shamattawa First Nation in Manitoba, which has been without clean drinking water since 2018.

In its statement of defence, Canada argued it does not “owe any legal obligations or duties to operate and maintain the plaintiffs’ water systems,” a statement that irked the AFN national chief. 

“I’m really appalled by the Department of Justice’s comments when it comes to Shamattawa, and I know that Canada has to make things right with Shamattawa First Nation and many First Nations that are in that case,” said Woodhouse Nepinak.