Indigenous leaders in Manitoba and Alberta are calling on Ottawa to rewrite a proposed new water bill that would ensure safe drinking water and sanitation services in communities. I’m warning you that you can’t.
Two organizations representing more than 100 First Nations in both provinces told CBC News they could not support the bill because it was too lenient and could leave people in a bind over water treatment issues.
“Essentially, Canada gave me an old car that broke down,” said Rupert Mennen, chief of the Tolkley Tribal Government, based about 590 kilometers north of Edmonton.
“I have no intention of taking on something that’s all broken and taking on the responsibility that comes with it.”
Bill C-61 — Laws that respect water, water sources, drinking water, wastewater and related infrastructure on indigenous lands — drew mixed reactions when it was introduced in the House of Representatives on Dec. 11.
Indigenous Services Minister Patty Hajdu presented key aspects of new legislation aimed at addressing Indigenous drinking water safety.
The proposed legislation would protect Indigenous freshwater sources, establish minimum standards for domestic drinking water and wastewater, support communities, and provide sustainable funding for maintaining water quality. The aim is to create a new water agency led by the government.
The Manitoba Assembly of Chiefs and the Alberta Council of Chiefs are calling for major changes and further consultation on how to protect clean water sources.
“The bottom line is this bill doesn’t meet the standards,” said Norma Large, policy advisor for the Chiefs Technical Services Steering Committee, which represents Alberta’s 47 First Nations under Treaties 6, 7 and 8. said.
Large said the federal government is shifting responsibility for water onto Native American tribes without first addressing the water crisis caused by underfunded reserves and restrictions imposed under the Indian Act. The committee said it was concerned.
Mayors claim treaty on the right to water is not included in the bill
One of the purposes of this bill is to create a draft agreement between First Nations, federal, provincial, territorial, and local governments regarding water protection.
Raj said he understood the intent, but needed clear language in the bill that recognized the treaty right to clean water and confirmed that that right transcended protected area boundaries.
“Often the discussion ends at the reserve line,” she says.
Large said the issue of jurisdiction is especially important for Alberta’s First Nations because they are not confident the provincial government will grant them jurisdiction over water protection.
Premier Daniel Smith’s Alberta government sovereign law In 2022, as a tool to resist federal laws and policies.
The committee is asking Indigenous Services Minister Patty Hajdu to speak with Alberta’s treaty leaders to address concerns about jurisdiction and lack of support.
Mr Raj and Mr Meneen – who is also a member of the Chiefs steering committee – said they had tried to address the issue with the government before the bill was tabled.
“We were ignored,” Menene said.
The government has defended the bill, saying it was the result of historic consultation with Indigenous partners.
Hajdu spokesman Simon Ross said a draft of the bill was posted online and sent individually to all First Nations chiefs, and an updated version was shared last summer.
Ross said Hajdu met twice with eight treaty First Nations in 2023 and once with the Manitoba Council of Chiefs in April 2023.
But Grand Chief Kathy Merrick of the Assembly of Manitoba Chiefs said Indigenous leaders are still not being given enough information.
“I’m disappointed,” she said.
Ottawa said it co-authored the bill with the Assembly of First Nations, which led the bill in 2018.
“While AFN urges all parties to support this bill, we understand that some Indigenous partners still feel their concerns were not reflected in the final version.” Ross said, adding that the bill, if passed, would address those concerns. Pass Congress.
Merrick said AFN, which represents more than 600 indigenous groups across the country, should have done more to gain community recognition.
“They have a responsibility for that,” Merrick said.
CBC News reached out to AFN for comment but did not receive a response.
“Best effort” is not enough
The bill provides that Indian tribes may choose to be subject to state or federal drinking water and wastewater control laws, whichever is stronger.
Pimicikamak Cree Chief David Monias said before that can happen, the First Nation needs adequate infrastructure and resources to ensure they can produce safe drinking water.
Monias’ community is located more than 770 kilometers north of Winnipeg, and “we don’t have that kind of structure in place right now,” he said.
The bill uses the term “best efforts” to describe the government’s obligation to ensure access to safe drinking water and funding.
Many indigenous leaders say the language is inadequate.
“‘Best efforts’ are not enough,” said Chief Alan Adam of the Athabasca Chipewyan First Nation in northern Alberta, about 700 kilometers north of Edmonton.
“It has to be specific.”
The Athabasca Chipewyan First Nation is located downstream from major oil sands projects and tailwater ponds.
The community recently enacted its own drinking water law to protect itself from contamination. Allan said other First Nations should consider similar action to increase pressure on Ottawa to protect clean water sources.
“When it comes to safe drinking water, we can’t take shortcuts,” Alan says.
“When we turn on our taps in cities, we need the same assurance that tap water from protected areas is good for us.”
