OTTAWA — Indigenous Services Minister Patty Hajdu and Assembly of First Nations National Chief Cindy Woodhouse Nepinak are urging MPs across party lines to support legislation to ensure First Nations have clean drinking water in their communities.
The government has put forward a bill that seeks to do just that, and also seeks to protect source-water on First Nations territories.
Hajdu has called it the first piece of truly co-developed legislation between Canada and First Nations — even though some First Nations disagree with that framing.
The bill has been before a House of Commons committee for months, where MPs have heard chiefs and experts raise concerns that the legislation does not go far enough to protect their rights. They also question how robust it will be in ensuring their communities receive adequate funding to maintain and operate water treatment plants.
Hajdu pointed the finger at the Opposition for delaying the bill.
"If we continue to see the kinds 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," Hajdu said after she appeared at the House committee studying the legislation.
"Ultimately, we have a race against time here."
The Conservatives did not immediately respond to a request for comment.
Woodhouse Nepinak said Canada and First Nations must work together to ensure the legislation passes before the next election, calling it the top priority for First Nations.
The next federal election must be held by October 2025, but the minority Parliament is in a precarious state with the Conservatives promising more non-confidence votes to try and bring down the Liberal government this fall.
"We’re hearing the crisis out there loud and clear from First Nations and it’s important that we work together, that First Nations work together and that all members of Parliament are turning the dial on this issue," Woodhouse Nepinak said.
Canada was in court this week defending itself in a class-action lawsuit launched in 2022 by Shamattawa First Nation in northern Manitoba.
That community has been under a boil water advisory since 2018, and is hoping the case will lead to the recognition that the federal government is legally obligated to ensure First Nations have clean drinking water.
A statement of defence from the Attorney General of Canada argues that Canada provides safe drinking water to First Nations on reserve as "a matter of good governance rather than as a result of a legal duty."
It goes on to say that while Hajdu has said Canada has a commitment to provide safe drinking water to all First Nations members on reserves, it was made "in a particular context" and "did not provide a legal opinion."
The acting grand chief of the Assembly of Manitoba Chiefs slammed the government's defence in a news release this week.
"Pointing fingers at First Nations for the entirely predictable consequences of Canada’s failure to provide adequate support is not only shameful but also a violation of the trust our people are trying to develop with the government," Betsy Kennedy said.
"The federal government has acknowledged its role in this crisis publicly, yet in court, they deny any responsibility. This is a clear act of hypocrisy that is unacceptable."
Asked whether she directed Canada's lawyers to take certain positions in court, Hajdu said she cannot comment on legal matters but that the legislation "would not give those kinds of arguments to government lawyers."
Woodhouse Nepinak told the House of Commons committee Thursday morning that it feeds the distrust First Nations people have toward the federal government when government lawyers go to court and say "stupid things."
Speaking to reporters afterward, she quoted Shamattawa First Nation Chief Jordna Hill, calling the water crisis "a national embarrassment."
"It's time that Canada makes this right for First Nations people," she said.
"We urge you to have all-party support for this as we work through the amendments. Time is crucial."
This report by The Canadian Press was first published Oct. 10, 2024.
Alessia Passafiume, The Canadian Press
