December 27, 2023
Articles
Solving the Water Crisis On Reserve
Written by Katłı̨̀ą (Catherine) Lafferty
Whether it be collecting water from the lake on an early morning after a fresh summer rain or chipping three feet of ice to get to the water in the frigid northern air under the northern lights, hauling water is nothing new to many First Nations people who once lived and still strive to live primarily off the land yet when First Nations were forced onto reserve systems back in the 1830’s problems with plumbing systems began immediately and have not let up since.
The reserve system left First Nations with no choice but to utilize the services that were imposed onto them without their consent or input into the infrastructure that would be provided. Many First Nation communities are located next to freshwater lakes yet can’t even access the water in their own backyard for potable use and instead have to have it trucked in from facilities off reserve even though they have relied on those direct water sources well before colonial contact. Furthering this problem, the standard guidelines for safe drinking water on most reserves has never been close to being met due to poor funding allocation for water services, now a newly proposed Act Respecting Water, Source Water, Drinking Water, Wastewater and Related Infrastructure on First Nation Lands(Act)proposes to change this by bringing water quality standards up to – at the very minimum – meeting the guidelines set out for safe drinking water with the rest of the country.
On December 11, 2023, the draft Act or Bill C-61 was introduced in Parliament with acknowledgement of a critical emphasis on consultation with First Nations. The development of the bill was drafted with Indigenous rights holders including the Assembly of First Nations.
The bill was prompted out of the 2021 class action litigation settlement on drinking water advisories in First Nation communities which resulted in $8-billion-dollars in compensation when the government admitted to breaching its obligations by failing to ensure that reserves have clean drinking water. Being that the federal government is accountable for the infrastructure on reserve this triggered the need for the government to respond to First Nations needs across the country. The settlement funding is divided into specific terms including $1.5 billion in compensation for First Nation individuals deprived of clean drinking water, $6 billion to support reliable access to safe drinking water on reserve and $20 million to support the creation of a First Nations Advisory Committee among other commitments.
The Indigenous led First Nations Water Commission born out of the settlement will be filled until 2026 and comprise of First Nation’s representatives reflecting diversity and inclusivity. The primary functions of the commission will be to provide oversight, guidance and recommendation to Indigenous Services Canada (ISC) for the long-term strategy of water and wastewater on reserve under the development of the newly proposed legislation. This is an important move as ISC has insurmountably failed to bring solutions to First Nations at every turn partly because they are not in the position to determine needs. ISC representatives do not have the experience of living without access to clean water.
Shortly after the announcement of the proposed legislation the Federation of Sovereign Indigenous Nations (FSIN) in Saskatchewan publicly declared that the legislation would not be enough to prevent future crises. Chief Bobby Cameron explicitly stated that the federal water act is not true reconciliation but rather an attempt to legalize the status quo which has raised questions around co-development. Now the government is back tracking to redesign their approach to the Act to strengthen their consultation efforts with Indigenous stakeholders stating that they will work towards ensuring that all voices are heard. One of the problems with the practice of rolling out proposed bills that have the potential to impact Indigenous peoples rights is that there are so many that its hard to stay on top of each one which means they do not necessarily reach Indigenous peoples with lived experience. Parliamentary communication efforts need to be boosted in order to advance genuine consultation especially in remote communities where internet access is not reliable or easily accessible. This amounts to laws being passed regarding Indigenous Peoples without their knowledge.
When I was working on the Northwest Territories Negotiation Team for the groundbreaking Transboundary Water Agreement between Alberta, Saskatchewan, British Columbia and the Yukon in 2015 we did extensive consultation with First Nations leaders across the north and their chosen delegates. In documenting our consultation efforts we captured what we heard in a table that categorized their concerns. We also provided accommodation in the form of per diems and honorariums. The federal government should be ensuring that their consultation process for the carrying forward of this Act is robust. Transparency is also important so that First Nations can review any prior consultation efforts laid out in clear and concise documentation, redacted of personal information, to ensure that First Nation voices are being accounted for not just at the political level of leadership.
During one of the transboundary water meetings, I remember clearly one of the Elders raising a troubling concern. In his lifetime he saw water change from being able to drink water straight out of the lake to having to buy it in a plastic bottle with the price now being more than the price of a liter of gas. Not having access to clean water has interfered with Aboriginal rights, human rights and international rights. UNDRIP Article 25 states “Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.”
Currently, without the legislation being given royal assent,143 long term drinking water advisories have been lifted over the last decade that’s 84% leaving 28 long term drinking water advisories still in effect in First Nations reserve across Canada with the longest boil water advisories being 28 years and still running in Neskantaga First Nation located a few hours drive north of Thunder Bay. However, I want you to notice how this wording states “long term”. These numbers don’t include the additional 27 First Nations on short term drinking water advisories in the south only, the numbers for reserves north of 60 are not published on ISC’s website.
Initiatives underway in the remaining communities to address complex resolutions include implementing new system designs, repairing existing systems, and improving local training and monitoring programs. The government has gone so far as trying to explain the lengthy lifecycle of solving wastewater issues and ensuring sustainable access to safe drinking water which can take up to four years in some instances depending mainly on geographical navigation. Yet in a day and age where satellites are sent into outer space and exploration of the depths of the ocean is possible, there is no excuse to not have safe drinking water facilities on reserve just because of challenging to remote locations, budgeting or time constraints. The blame game between governmental departments has gone on for far to long leaving a large majority of the public confused and even blaming First Nations themselves with their misinformed beliefs – that First Nations were given enough funds to operate and maintain their own water services on reserve. However the funding was never sufficient enough to address the water crisis and has since proved to be discriminatory in the evidentiary findings leading to the result of the class action settlement agreement.
In terms of water and wastewater, there are 547 projects on reserve now complete, while 697 are still ongoing. The projects are pegged to serve 471,000 people in 591 first nations communities. However, with severe global warming implications, more and more communities may be faced with boil water advisories due to potential flooding, drought and sentiment interruption causing contaminants in lakes and riverbeds to rise to the surface which will require additional monitoring, repair and state of the art infrastructure.
The original water stewards across this country are Indigenous people. Water is our life source. We know that water is life and without it we cannot survive. This is a well-known fact. What is not well known to most non-Indigenous bureaucrats is that for many Indigenous people water is spiritual. It is mother earths womb. The proposed Act attempts to simplify this belief system in a few sentences by subtly addressing it in the preamble stating that the stewardship, protection and sustainable use of water are of fundamental value to First Nations, whereby clean and safe water is integral to the traditions, customs and practices of First Nations, particularly in relation to sustenance, cleaning and purification. I suppose that after decades of hardship around water quality on reserve it is finally a start.