Chiefs of Treaty First Nations in Alberta met with the minister of Indigenous Services Canada last month to reiterate their concerns about the First Nations Clean Water Act.

The meeting was held a week after government lawyers argued in court that their clients had no legal obligation to provide drinkable water to First Nations.

The legislation, also known as Bill C-61, completed its second reading on June 5 and is in the process of being reviewed by the Standing Committee on Indigenous and Northern Affairs.

According to Indigenous Services Canada legislation, establishes They are “minimum national standards for the provision of drinking water and wastewater services on First Nation lands” and commit the feds to “use best efforts to provide adequate and sustainable funding (emphasis added)” to maintain those standards.

Upon the bill’s introduction in December 2023, chiefs of 47 First Nations from Treaties 6, 7 and 8 announced: There was no consultation on legislationIndigenous Services Minister Patty Hajdu also did not respond to requests for a meeting to express her concerns.

Since then, Hajdu has met three times with the Chiefs of Technical Services Steering Committee, which deals with the technical side of water, wastewater and related infrastructure for First Nations in Alberta.

“Not much changes at every meeting,” Chief Rupert Meneen of the Tallcree Tribal Government on Treaty 8 told Alberta Native News.

Chief Meneen described the legislation as a “dump and run” plan in which the federal government puts the burden of responsibility on First Nations to ensure their water infrastructure can produce safe drinking water.

He said Treaty heads’ main concern about how the bill was drafted was that the government consulted with the Assembly of First Nations (AFN), an advocacy body that is not itself a signatory to any Treaty, to create “fabricated consent.” Among Treaty First Nations for the bill.

Chief Meneen said the gap between the AFN’s advocacy efforts and the will of the Accord-bound membership was on full display at the special chiefs’ meeting held in Calgary from October 16-18, which was attended by 64 per cent of its members. Rejects child welfare reform deal The AFN leadership had called on them to support it.

Treaty 8 Alberta First Nations, representing more than half of the First Nations in Alberta Quit AFN In 2022, it will be able to negotiate directly with the federal government as intended under the Treaty.

“If something is going to work, Treaty people need to be at the table. Treaty people need to have a voice, and you need to figure out what you need to put there that will work for everyone,” Meneen said.

While Minister Hajdu has made no commitment to changing the legislation itself, he has agreed to establish a Treaty Bilateral Table on Water with the Treaty Chiefs in the Alberta Province to discuss ongoing water issues.

Standing on October 10 committee meeting On Bill C-61, Hajdu repeated his claim that the legislation was “co-developed” with First Nations.

“At the beginning of this, we had a very different definition of what ‘co-development’ was, and by the end of it, I think we’ve learned that co-development starts much earlier than you might imagine.” he told the committee.

Feds claim clean drinking water is not their legal liability

Origins of Bill C-61 $8 billion class action settlement Reached in September 2021 with First Nations without clean drinking water for at least a year. 20 November 1995 and 20 June 2021The feds have committed to repeal and replace the old First Nations Safe Drinking Water Act.

The feds are now facing an additional $1.1 billion class-action lawsuit from 60 First Nations, led by the Shamattawa First Nation in northern Manitoba. This lawsuit argues that the lack of clean water on reserves constitutes an “emergency.” human rights crisis“

“Class members were denied reliable access to safe drinking water, were unable to adequately wash and care for themselves and their families, were hindered in economic growth, and were prevented from performing traditional ceremonies and spiritual practices,” Shamattawa said in September. 2022 statement of claim says.

The September 2021 settlement does not include reserves whose long-term water advisories begin or continue after June 20, 2021, so the newer class action “picks up where it left off,” said plaintiff Alana Robert, who represented Shamattawa First Nation in court. .

Chief Meneen thinks the Shamattawa case helped “put Canada under a microscope” for their commitment to reconciliation.

Prime Minister during successful 2015 election campaign Justin Trudeau promised Lifting all boil water advisories on First Nations reserves by 2020. At that time, there were 133 recommendations in 93 communities. As of October 9, 2024 32 recommendations in 30 communities.

But in response to the Shamattawa case, the government’s lawyers argue that the government has no such legal responsibility.

“Canada does not owe plaintiffs a general fiduciary duty as alleged to reserve or finance water infrastructure,” government lawyers wrote in their statement. statement of defenseFiled July 31, 2023. “Canada has no legal obligation or duty to operate and maintain the plaintiffs’ water systems.”

Robert told Alberta Native News that this argument reveals that the government views its repeated commitments to ensuring reserves have clean water as a political gesture rather than a legal obligation.

He said this was at odds with the federal government’s history of “playing a key role in building the initial water infrastructure on reserve when the reserve system was created and then playing an ongoing role in financing not just the water infrastructure but also the water infrastructure.” operation and maintenance of water infrastructure.”

Robert added: “Because First Nations have a standard of living that appears to be quite different from others, the government has chosen to cut funding for water infrastructure and the operation and maintenance of that infrastructure for decades.” Canada as a result”.

NDP MP Niki Ashton, whose district includes the Shamattawa First Nation reserve of Churchill-Keewatinook Aski, also highlighted the historical context behind “Third World living conditions” on the isolated First Nation, in addition to the shortage of potable water. the youth suicide epidemic and the housing crisis.

“It’s important for Canadians to know that Shamattawa’s living conditions did not just happen, they are a result of colonialist approaches by the federal government. They are a result of systemic and persistent paternalistic policies and a lack of necessary funding,” Ashton told Alberta. Local News.

Ashton said he was “surprised at how far federal government lawyers have gone in discrediting First Nations (and) undermining political commitments made by the current federal government.”

He added that the Liberals should “remove their lawyers and work with First Nations to provide clean drinking water to their communities.”

for three days hearings between 7-9 October The government and plaintiff lawyers detailed their legal arguments before Judge Paul Favel, who is from the Poundmaker Cree Nation in Saskatchewan.

Judge Favel postponed his decision to a later date.