Mamakwa, Fiddler issue statements on First Nations Clean Water Act

Tim Brody - Editor

Nishnawbe Aski Nation (NAN) Grand Chief Alvin Fiddler and Sol Mamakwa (Kiiwetinoong MPP), Deputy Leader of the Ontario NDP and Official Opposition Critic for Indigenous and Treaty Relations have each issued statements following the federal government’s introduction of Bill C-61: the First Nations Clean Water Act, tabled by Indigenous Services Minister Patty Hadju in the House of Commons on Dec. 11.
According to the Government of Canada, “Bill C-61, the proposed First Nations Clean Water Act, is the next step to ensure First Nations have clean drinking water for generations to come.
“It is the result of extensive consultation. In 2013, the Safe Drinking Water for First Nations Act came into effect, but First Nations were already calling for its repeal and replacement. Engagement has been ongoing, and in 2018, the Assembly of First Nations, with support from Canada, led an engagement to review the Act. First Nations shared several concerns.
“Bill C-61, introduced in Parliament today, is the result of our commitment to introduce legislation that addresses key priorities and concerns raised by First Nations. Bill C-61 would recognize and affirm the inherent right of First Nations to self-government in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands.
“It would also establish rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, and provinces and territories, to help protect drinking water sources flowing onto First Nation lands.
“Bill C-61 would also support the closing of drinking water and wastewater service gaps between First Nations and non-First Nations communities, and operate independently of the Indian Act.
“It would also commit the federal government to make best efforts to provide adequate and sustainable funding for water services on First Nation lands. That funding would be required to meet, as a minimum, the commitment expenditures set out in the Settlement Agreement.”
According to the Government of Canada, key elements of the Bill include:

• recognition and affirmation of the inherent right of First Nations to self-government, including jurisdiction over water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands;
  
• rights-based regulatory pathways to protect water and source water adjacent to First Nation lands, in consultation and cooperation with First Nations, other federal Ministers, and provinces and territories, to help protect drinking water sources flowing onto First Nation lands;
  
• minimum national standards for the delivery of drinking water and wastewater services on First Nation lands, based on First Nation choice;
  
• a federal commitment to make best efforts to provide adequate and sustainable funding for water services on First Nation lands comparable to services received in non-First Nations communities;
  
• a requirement to provide funding that, as a minimum, meets the commitment expenditures set out in section 9.02(2) of the Settlement Agreement;
  
• a requirement for all decisions made under the proposed Act to be guided by the principle of free, prior and informed consent; and
  
• a commitment for Canada to support the creation of a First Nations Water Commission that would support First Nations in exercising greater control over drinking water and wastewater services on First Nation lands.
  

MPP Mamakwa stated, “Yesterday, the federal government tabled the First Nations Clean Water Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nations lands. Kiiwetinoong has the highest concentration of long-term drinking water advisories across Canada. Of the 26 long term advisories remaining, 13 are found in the Kiiwetinoong riding. 
“Many First Nations children in Ontario, in Kiiwetinoong and beyond, continue to lack access to clean water, and as a result, they are suffering unnecessary physical and mental health consequences. 
“Statistics alone do not tell the story of what it’s like to live without access to clean water. There are much larger effects on the physical and mental health of those who live without this basic human right and I hear these stories every day from people living across Kiiwetinoong.  
“This legislation is one step on a long journey to water justice for the people of Kiiwetinoong who continue to go without access to clean drinking water. 
“The leadership of affected First Nations rights holders in Ontario must be consulted and heard in any future legislative amendment process. Their lived experiences must be respected.” 
Mamakwa’s office provided the following list of long (one year or more) and short-term drinking water advisories on reserves in Kiiwetinoong
Long Term: Eabametoong, Mishkeegogamang, North Caribou Lake, Bearskin Lake, Sandy Lake, Muskrat Dam, Fort Severn, Deer Lake, North Spirit Lake, Neskantaga, Nibinamik, Slate Falls, Cat Lake.
Short Term:  Lac Seul and Ojibway Nation of Saugeen.
NAN Grand Chief Alvin Fiddler stated, “As the Government of Canada introduces this piece of legislation today, we must remember that there are 13 long-term drinking water advisories in 12 NAN communities, representing over 40% of all long-term drinking water advisories nationally. Our leaders have demanded solutions for years, and this goes to the heart of many of our communities’ struggles to this day. While most Canadians can just turn on the tap and get clean water, there are many NAN First Nations that continue to suffer the impacts of decades of bad water.
“While Nishnawbe Aski Nation welcomes progress through the developments of standards and regulations for First Nations water and wastewater, the introduction of the First Nations Clean Water Act is just the first step in the long process of developing standards and regulations for safe, clean drinking water, wastewater, and source water that respects the sovereignty of NAN communities.
“We acknowledge that some First Nations have had opportunities for input into the drafting of this legislation, but we do not agree that this legislation has been co-drafted. We do, however, support legislation that enables our communities to develop their own standards and regulations in a manner that encourages them to exercise their sovereignty.
“We will continue to work to ensure that our federal Treaty partner makes every effort to provide adequate and sustainable funding comparable to off-reserve water systems so that our members can finally begin to trust in their water systems.”
NAN shared also shared the following relating to Bill C-61:

• Neskantaga First Nation has been on a boil water advisory for more that 10,000 days, the longest in Canada.
  
• Section 9 of the Drinking Water Settlement Agreement (2021) required that Replacement Legislation must be introduced by December 31, 2022. Bill C-61 is being introduced almost a full year late.
  
• This legislation will require First Nations to choose a water quality standard. Communities may choose between Provincial Water Quality Standard, the Canadian Water Quality Guideline, or a standard of their own development. If they do not, the government may impose regulations and guidelines.