Canada Struggles to Ensure Clean Water for Indigenous People Despite Abundant Resources

First Nations embroiled in a lawsuit against the Canadian government due to long-standing issues with clean drinking water present a paradoxical situation as Canada possesses the largest supply of accessible fresh water in the world.

Canada, despite having one of the world's largest renewable freshwater supplies, is facing a class-action lawsuit over its failure to provide safe drinking water to First Nations communities.

This month, the country appeared in court to defend itself against the third class-action lawsuit filed over unsafe drinking water on First Nations, following two settlements totaling $8 billion. The latest lawsuit, which pertains to boil-water advisories that continued beyond June 2021 or were issued after that date, could cost the government an additional $1 billion.

This time, over 50 First Nations have joined the class-action lawsuit, seeking $1.1 billion in damages. Among those involved is the Shamattawa First Nation, which has been under a boil-water advisory for the past six years.

According to the claim filed by the community, which is located 750 kilometers northeast of Winnipeg, the treated water in the community is causing boils, rashes, and sores. Community Chief Jordna Hill stated in a press release:

“Time and again the federal government has promised to do better, and yet here we are, fighting in court for a basic human right. It is appalling that Canada has decided to battle First Nations on this issue rather than come to the table as nation-to-nation partners.”

If the lawsuit is successful, it would establish safe drinking water on reserves as a right rather than a matter of political will, said lawyer Michael Rosenberg, who's representing Shamattawa and worked on the settled cases as well.

The lawsuit, filed by the remote northern Manitoba First Nation in 2022, alleges that Canada breached its fiduciary duties. By failing to provide safe drinking water to the Shamattawa community, the government violated its duty of care and the Charter of Rights and Freedoms, the suit claims.

It was certified as a class action last year by Federal Court Justice Paul Favel, who grew up in poverty on Poundmaker Cree Nation in Saskatchewan and spent part of his childhood without running water. He previously served as deputy chief commissioner of the Saskatchewan Human Rights Commission and general counsel for the Federation of Sovereign Indigenous Nations.

In related news, the federal government proposed a new bill about a year ago to set drinking water standards in First Nations. The First Nations Clean Water Act (Bill C-61), which aims to establish minimum national drinking water standards, protect freshwater sources, and provide sustainable funding for maintaining water quality, received mixed reactions.

Is Safe Drinking Water a Government Obligation for First Nations?

This month, the two sides of the lawsuit argued over the fundamental issue at its core: whether Canada is legally responsible for providing safe drinking water to First Nations.

According to Rosenberg, the government's obligation arises from “Canada's long and continuing involvement, not just in funding, but really managing and exercising de facto control over water reserves.”

The government, on the other hand, argues that it has no “legal obligation or duty” to support First Nations and that any assistance it has provided, including support for the delivery of potable water, has been in the realm of “good governance” rather than legal duty.

Over the past decade, the government has spent $4.29 billion on water and wastewater projects in First Nations, which has lifted 145 long-term drinking water advisories. However, 33 still remain.

Back in 2015, Prime Minister Justin Trudeau pledged to lift all long-term boil water advisories on reserves by 2021. But, of course, that's not the case yet.

The government claims to have recently spent $25.6 million to improve Shamattawa's water system. However, the advisory, which affects about 160 homes and 14 community buildings, has been delayed due to factors such as climate, siltation, and methane in the groundwater.

Speaking out against the government's approach, New Democrat MP Niki Ashton said, “On one side of their mouths, they're saying we're committed to clean drinking water for First Nations, and, on the other, directing their lawyers to fight First Nations who are only seeking this basic right.”

Ashton finds it shocking that a country as wealthy as Canada, which is seen as a leader in human rights on the world stage, is telling First Nations that they don't have a right to clean water.

“We're really seeing the dark underbelly of Canada, and I would say the hypocrisy of the Liberals.”

– Ashton

Shamattawa is a community of 1,500 people that declared a state of emergency last year due to suicides, which Hill has linked to the water issues. According to him, the country's treatment of Shamattawa creates a sense of hopelessness.

Calling the government's approach “profoundly disappointing,” plaintiffs' counsel Rosenberg pointed out how, in Canada, it is illegal to subject its own employees to the conditions that