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 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."
In a statement, Conservative House Leader Andrew Scheer said that after nine years, "the NDP-Liberals have broken their promise to ensure that Indigenous Canadians have access to clean drinking water."
"The minister knows that the Indigenous water bill is at committee, which isn’t affected by what is going on in the House. All members of the committee, including the Liberals, have agreed to the committee timetable to address the bill. It appears that the minister is unaware of the status of her own bill, which not entirely surprising given this minister's track record," he said.
Scheer added that the House can resume its work once the Liberals comply with a Conservative motion related to a demand for the government to provide unredacted documents about misspending at a now-defunct green technology fund. That debate is on its tenth day.
Speaker Greg Fergus ruled on Sept. 26 that there was a case for privilege but that the matter is complicated because the motion calls for the documents to be handed over to the RCMP.
He also said the matter should all be referred to a parliamentary committee for further discussion.
"Parliament is frozen because the Liberal government refuses to come clean about their $400 million conflict of interest scandal. The only ones holding things up are the Liberals who can end it all today if they just produced the documents they were lawfully ordered to," Scheer said.
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 under the proposed legislation, government lawyers would not be able to take those positions in court, she said.
Woodhouse Nepinak told the House of Commons committee Thursday morning distrust that First Nations people have toward the federal government is heightened 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
