Indigenous Services Minister Patty Hajdu and National Chief of the Assembly of First Nations Cindy Woodhouse Nepinak are urging parliamentarians across party lines to support legislation to ensure First Nations have safe drinking water in their communities.
The government has introduced a bill that aims to do just that and also protect water sources in First Nations territories.
Hajdu called it the first piece of legislation truly developed jointly between Canada and First Nations – although some First Nations disagree with that framing.
The bill has been sitting in a House of Commons committee for months, where MPs have heard bosses and experts raise concerns that the legislation does not go far enough to protect their rights. They also question how robust it will be to ensure that their communities receive adequate funding to maintain and operate water treatment plants.
Hajdu pointed the finger at the opposition for delaying the project.
“If we continue to see the types of obstruction that we are seeing from the Conservative Party, we will be in a situation where we will not be able to finish the debate on this bill and send it to the Senate,” Hajdu said. after she appeared before a 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 is passed before the next election, calling it a top priority for First Nations.
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The next federal elections are due to be held by October 2025, but the minority Parliament is in a precarious state, with the Conservatives promising more votes of no confidence to try to bring down the Liberal government this autumn.
“We are hearing the crisis loud and clear from First Nations and it is important that we work together, that First Nations work together and that every member of Parliament is getting a grip on this issue,” said Woodhouse Nepinak.
Canada was in court this week defending itself in a class action lawsuit filed in 2022 by the Shamattawa First Nation in northern Manitoba.
This community has been under a boil water advisory since 2018 and hopes the case will lead to recognition that the federal government is legally obligated to ensure First Nations have safe drinking water.
A statement of defense from the Attorney General of Canada argues that Canada provides drinking water to First Nations on reserve as “a matter of good governance and not as a result of a legal duty.”
It goes on to say that while Hajdu stated that Canada is committed to providing safe drinking water to all members of First Nations on reserves, this was done “in a particular context” and “did not provide legal advice.”
The acting grand chief of the Assembly of Manitoba Chiefs criticized the government's defense in a news release this week.
“Pointing the finger 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 their government,” said Betsy Kennedy.
“The federal government has publicly acknowledged its role in this crisis, but in court it denies 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 issues, but that the legislation “wouldn't give government lawyers those kinds of arguments.”
Woodhouse Nepinak told the House of Commons committee Thursday morning that it fuels the distrust First Nations people have of the federal government when government lawyers go to court and say “stupid things.”
Speaking later to reporters, she quoted Shamattawa First Nation Chief Jordna Hill calling the water crisis “a national embarrassment.”
“It’s time for Canada to fix this for First Nations people,” she said.
“We ask that you have cross-party support for this as we work on the amendments. Timing is crucial.”
