WC132 SeptOct 2023 - Magazine - Page 12
WATER ISSUES
Where do we go from here?
Repeal of the Safe Drinking Water
for First Nations Act
BY JULIE ABOUCHAR
Julie Abouchar
Julie Abouchar is a partner at
Willms & Environmental Lawyers LLP
in Toronto and certified as a
specialist in Indigenous legal issues
and in environmental law by the
Law Society of Ontario.
With the assistance of
Sydney Smith, articling student.
12
HE GAP BETWEEN drinking water quality on First
Nations reserves and the rest of Canada has long been a
source of frustration for First Nations and a shame to many
Canadians. The gap arises from the size and location of
reserves and the complex legal, operating, and governance
context of First Nations drinking water systems. First Nations do
not have the same legally enforceable safe drinking water protections as the provinces and territories.
In 2006, the Expert Panel on Safe Drinking Water for First
Nations identified solutions to close this gap. The report found
that adequate financing of the installation and maintenance of
water infrastructure was more critical than regulation alone.1 Subsequently, the federal government passed the Safe Drinking Water
for First Nations Act in 2013. This Act was intended to support the
development of federal regulations to secure First Nations’ access
to clean, reliable drinking water as well as the effective treatment
of wastewater.2
However, since 2018, many First Nations have voiced strong
concerns about the legislation, saying it was ineffective. The main
concerns expressed by First Nations were that the Act lacked:
adequate, predictable, and sustainable funding
recognition and protection of Aboriginal and treaty rights
source water protection, and
that there was insufficient engagement on issues that directly
affected First Nations.3
In addition to these concerns, on December 22, 2023, the
Federal Court and the Court of Queen’s Bench of Manitoba issued
a joint decision approving an agreement to settle a class-action
litigation related to safe drinking water in First Nations communities. This settlement agreement provided, in part, $1.5 billion in
compensation for individuals deprived of clean drinking water, the
creation of a $400 million First Nation Economic and Cultural
Restoration Fund, a commitment of at least $6 billion to support
reliable access to safe drinking water on reserves, a renewed commitment to lifting all of the long-term drinking water advisories
on reserves, and a commitment to modernize Canada’s First
Nations drinking water legislation.4
As a result of the concerns of First Nations communities and
the settlement agreement, the federal government repealed the Safe
Drinking Water for First Nations Act on June 23, 2022.5
T
WATER C AN ADA • SEP TEMBER/OCTOBER 2023
Getty Images
As a result of the
concerns of First
Nations communities
and the settlement
agreement, the federal
government repealed
the Safe Drinking
Water for First Nations
Act on June 23, 2022.
WAT E R C A N A D A . N E T
