Indigenous services minister to table First Nations water bill

Canada’s Indigenous Service Minister Patty Hajdu is expected to table legislation to improve water quality in First Nations communities across the country as early as Monday.

The bill comes more than a year after previous legislation on safe drinking water for Indigenous communities was repealed and two years after a Federal Court ruling approved an $8-billion settlement related to drinking water advisories.

Hajdu has said that the upcoming legislation is the closest the federal government has come to date in co-developing law with First Nations.

However, some First Nations chiefs are disputing that claim.

Positive meeting with Cowessess First Nation’s Chief and leadership. Together we will take the next steps to ensure Cowessess First Nation, and all First Nations, have access to clean and safe drinking water. pic.twitter.com/i08kNCBXSt

— Patty Hajdu (@PattyHajdu) December 6, 2023

The minister’s office says it will not be providing further details on the bill until it is tabled.

READ MORE: Brantford Native Housing creates opportunities for the urban Indigenous community

In June 2022, the federal government repealed the existing Safe Drinking Water for First Nations Act that was introduced by the previous Conservative government in 2013.

At that time, the government said the bill aimed to support the development of federal regulations that would improve Indigenous’ communities access to both clean drinking water and the effective treatment of wastewater.

Yet many First Nations called the legislation ineffective and dangerous, citing concerns of a lack of sustainable funding and the infringement of constitutional rights.

In December 2021, a settlement was approved in an $8-billion class-action lawsuit that covered any First Nations and their members who were subjected to drinking water advisories for at least one year between November 1995 and June 2021.

That settlement included $1.5 billion in compensation, $400 million to create a First Nations Economic and Cultural Restoration Fund and a recommitment to lift all long-term drinking water advisories.

READ MORE: Hamilton woman receives Woman of Spirit award for Indigenous advocacy

Additionally, it saw the government allocating at least $6 billion to support access to drinking water in these communities and the modernization of First Nations drinking water legislation.

During a recent committee hearing at the House of Commons, Hajdu was questioned on her government’s work to ensure that Indigenous communities have clean drinking water.

During that time, NDP MP Blake Desjarlais presented questions on behalf of Treaty 8 First Nations in Alberta.

Chiefs there have raised concerns of the funding and logistics of the bill, as well as questioning the use of the term “co-developed” by Hadju, said Desjarlais.

“You can’t say that you’ve co-developed these things when your partner’s not saying the same thing,” he said.

“So, who are you co-developing this with?”

WATCH MORE: Indigenous art installation unveiled at Hamilton’s Bayfront Park

To that, Hadju said it’s difficult to describe exactly what that co-development looks like because “it’s never been tried before.”

“I have worked very closely with First Nations through this process, and I will continue to endeavor to consult with Indigenous leaders who wish to be part of this process,” she said.

Dawn Martin-Hill, a professor at McMaster University who leads the Indigenous water research program Ohneganos Ohnegahdę:gyo, believes that good governance on the issue would include creating water authorities in First Nations communities.

“Most people that are addressing, monitoring and managing our waters are non-Indigenous, and they don’t consult with us regarding their findings or their initiatives,” she said.

The existence of water authorities would allow for powers to be transferred to allow for the communities to have some legal ability to prevent destruction or exploitation without consent.

This report was created with files from The Canadian Press