44th Parl. 1st Sess.
February 5, 2024 11:00AM
Madam Speaker, today I rise to speak to Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands, which I will hereafter refer to as the first nations clean water act.
I want to first comment on what the minister just spoke about. She likes to hurl insults, but she is part of a government that has refused to meet with 133 Ontario chiefs, many of whom are in her own riding, to talk about relief from the carbon tax. One reason they had to move to court action was that the government would not meet with them. Talk about the height of “Ottawa knows best”. There are 133 chiefs, like I said, many of whom are in the minister's own riding. She refused to meet with those chiefs, and now, court action has started. That is peak colonialism, and the minister should be ashamed of herself.
Before I get into my speech on Bill C-61, I would like to take a few moments to acknowledge my colleague and friend, the member for Desnethé—Missinippi—Churchill River, who recently stepped down from his role as shadow minister for Indigenous Services Canada. We all know the member. He has a great vision for this file. He wears his heart on his sleeve, and he truly believes in reconciliation with indigenous peoples in Canada. We all know him for his soft-spoken demeanour, his sense of humour and his well-though-out and articulated positions on indigenous issues. He is someone we really want to listen to when speaking about his file.
I have learned a lot from the member. I know he has really taken this file to heart. He told me he will continue to meet with stakeholders. He values the information and knowledge he has gained from the wisdom of those stakeholders and from the experiences he has had on this file. He said that he will remember those for the rest of his life.
I would also be remiss if I did not thank the member's staff or give them a mention at least. Dion works in the constituency office but is heavily involved in this file in Ottawa quite often. Emalie and Linnae put a lot of effort into this file. Their hearts are in it. I could not be more thankful for the opportunity I have been given to work with the member and his staff.
Moving on to Bill C-61, Canada, as a whole, is blessed with clean, fresh and safe drinking water. It is home to 20% of the world's fresh water and 7% of its renewable water supply, yet safe, clean drinking water has been unavailable for many indigenous communities. The history of Canada's efforts or perhaps “challenges”, in a better word, with respect to addressing the long- and short-term boil water advisories has been one plagued with the inability to get it done.
I am not necessarily speaking to the efforts of one government or another. It is quite clear that all governments today share part of the responsibility in this failure. That is not to say that there were not earnest efforts or, in the case of the current government, are earnest efforts to address this issue, but we know that the efforts in general continue to rely on the archaic and paternalistic Ottawa-knows-best way of doing things. That is what is at the heart of the matter.
This failure is our collective fault, and the worst thing we can do is continue to rely exclusively on public servants, in some cases thousands of kilometres from the problems, to make decisions needed to solve them. It is my hope, and surely something I will be focusing on at committee, that Bill C-61 would address this approach. We look to indigenous-led solutions in partnership with surrounding communities and with all levels of government to ensure, once and for all, that safe, clean drinking water is available to indigenous communities.
The history of the indigenous water crisis is a long one that truly did not start garnering attention until after the tragedy in Walkerton or the contamination in North Battleford, Saskatchewan. In 2001, the then Department of Indian Affairs and Northern Development began to survey water and waste water systems in indigenous communities across Canada “to establish a baseline of information regarding existing drinking water infrastructure”. The assessment covered “740 drinking water systems serving 691 First Nations communities, finding that nearly 30 per cent” were water systems with “potential health and safety concerns...46 per cent” were systems requiring “some repairs” and only a quarter were considered “low risk”, experiencing “minimal” issues “without any problems”.
The figures at the time estimated the problems could be fixed for approximately $1.6 billion. Based on those survey results, in 2003, “the Government of Canada announced the First Nations Water Management strategy”. It was “the first comprehensive plan to tackle drinking water in wastewater systems within First Nations communities.” The plan allocated $1.6 billion between 2003 and 2008 to address seven key areas: “infrastructure upgrades...improved monitoring and reporting...enhanced [operating and maintenance]...increased training...new water quality management protocols...enhanced public awareness; and... new standards, policies and protocols”.
While a “2009 Health Canada report noted that the strategy led to an improved understanding of the challenges plaguing [indigenous] communities...and allowed for faster and more coordinated responses to emerging water issues”, it did not, according to a 2005 report by the commissioner for the environment and sustainable development, provide the same safeguards on drinking water that existed “off reserves”. The conclusion was that a lack of a regulatory regime for indigenous communities, “failure to carry out testing” and a “lack of...technical support...for the design, construction, operation and maintenance of water systems” had to be addressed if the water crisis were to be fixed.
In 2006, “the Government of Canada launched the Plan of Action for First Nations Drinking Water”. The plan of action was built on the first nations water management strategy “and committed an additional $60 million between 2006 and 2008 to...address the findings of the 2005 Commissioner's report.” The plan of action included the creation of an “expert panel”, which found a number of issues that had yet to be addressed by Canada, including that “adequate resources — for...training...operations and maintenance — are more critical to ensuring safe drinking water than is regulation alone” and that a gap existed “between the federal government's cost estimates and the actual amount of funding needed to bring First Nations drinking water systems up to...standard”.
The next step forward came in 2008 with the introduction of the first nations water and wastewater action plan...An additional $330 million was allocated to support [the action plan], which reinforced the [2006 plan] while adding new objectives, including a commitment to consult with [indigenous communities] on new legislation as well as the commissioning of a national engineering assessment of the status of First Nations water systems across the country.
The resulting report, released in 2011, demonstrated that, while Canada had a much better understanding of the water issues in indigenous communities, only marginal progress had been made since 1995.
In 2013, the Safe Drinking Water for First Nations Act was created by the government to support the development of federal regulations to improve first nations' access to clean, reliable drinking water and effective treatment of waste water.
According to the Office of the Auditor General...“[b]etween 1995 and 2003, the federal government spent about $1.9 billion to help First Nations communities provide safe drinking water and wastewater services.” A further $600 million was committed in Budget 2003 to support the [plan]...between 2006 and 2014 the federal government “invested approximately $3 billion towards water and wastewater infrastructure and related public health activities to support First Nation communities in managing their water and wastewater systems.” From 2015 to the present, the federal government has spent over $5.7 billion “to build and repair at least 123 new water and wastewater plants, repair or upgrade 658 others, and support the effective management and maintenance of water systems.”
As I mentioned before, this is an issue that has been the responsibility of successive governments from both sides of the aisle. Clearly, the issue is not spending money, with over $11 billion having been spent by successive government to address the problem. As I alluded to earlier in my speech, we have to look at the way we have been doing things that address the issue. It is time for a new approach.
Now I turn to Bill C-61. We should ask ourselves if this is the new approach we need. I can assure members that that will be the fundamental question that will need to be answered, and in the affirmative, by indigenous leaders at committee if this bill is to succeed. Bill C-61 looks to do a number of things, including affirming and recognizing “that the inherent right to self-government, recognized and affirmed by section 35 of the Constitution Act, 1982, includes the jurisdiction of First Nations in relation to water, source water, drinking water, wastewater and related infrastructure on, in and under First Nation lands” and setting our principles and provisions to address issues related to first nations clean and safe drinking water, and waste-water treatment and disposal on first nations.
The bill also seeks to create a new first nations-led water commission, as promised, that would monitor water in communities, help them obtain legal advice and make recommendations to federal, provincial and territorial governments where required. As well, subject to the wishes of a first nations governing body, drinking water quality and waste-water effluent would at least need to meet the federal guidelines and regulations, or the standards of the province or territory where the first nations lands are located, and seek to provide pathways to facilitate water protection by creating water protection zones for first nations, provinces and territories to come together to protect, manage and preserve water and source water.
In 2019, legal action was initiated against Canada in a proposed class action suit on behalf of all members of first nations and member resident on reserves that had a drinking water advisory for at least one year since 1995. On December 22, 2021, the Federal Court and the Court of Queen's Bench of Manitoba issued a joint decision approving an agreement to settle the class action lawsuit.
The terms of the settlement agreement were announced on July 30, 2021, and included the following: “$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 renewed commitment to Canada's Action Plan for the lifting of all long-term drinking water advisories...the creation of a First Nations Advisory Committee on Safe Drinking Water; support for First Nations to develop their own safe drinking water by-laws and initiatives; [and] a commitment of at least $6 billion to support reliable access to safe drinking water on reserves”. A plan of “modernization of Canada's First Nations drinking water legislation” is included in that as well.
Bill C-61 specifically requires the Government of Canada to provide funding that, at a minimum, meets the expenditures set out in the 2021 settlement agreements. This commitment is $6 billion to be spent between June 20, 2021, and March 31, 2030, to address short- and long-term water advisories. As of May 2023, there were officially a total of 31 long-term drinking advisories in Canada, impacting 27 indigenous communities. This number, of course, has fluctuated over the years and, in some cases, communities have gone off only to be put back on a short time later.
One of the most glaring deficiencies in Canada's approach to safe water for indigenous communities has always been a proper identification and capture of the full picture with respect to unsafe water sources in indigenous communities. Part of the problem is the exclusion of public water systems that the federal government has not given funding. It also does not account for long-term advisories in the territories. A full accounting, taking in these omissions from the official numbers, brings the current total across Canada as high as 55. The lack of consistent and transparent data collection regarding water advisories makes it almost impossible to get a clear picture of the extent of the problem across the country.
For those who may be listening who may not understand what a water advisory is and why it is so fundamentally important to the health of communities, advisories can be issued by a local government, first nation or public health authority when drinking water quality has been or may have been compromised to the point where its consumption poses a risk to public health. Water quality can be adversely impacted as a result of a number of factors, including such conditions as contaminated groundwater or aquifers supplying wells, the presence of bacteria such as E. coli, unacceptable concentrations of harmful chemicals or pesticides, problems with inadequate filtration or malfunctioning equipment or failing to meet the clean drinking water guidelines in Canada.
Numbers can be misleading, and as I mentioned just a few moments ago, many communities continue to hop on and off these water advisories. For instance, five of the 90 first nations communities in which long-term drinking water advisories have been lifted since 2015 have had new long-term drinking water advisories issued since 2019. Two of those communities have had their previous long-term drinking water advisories in place for over 15 years. An additional 12 long-term drinking water advisories are in effect in Saskatchewan, Ontario and New Brunswick for first nations water systems that are not subsidized by the federal government, along with 10 long-term drinking water advisories in British Columbia. Also, we cannot forget the north where the Northwest Territories and Nunavut each have one long-term drinking water advisory in effect.
If Bill C-61 is to be successful, there will have to be a complete review and overhaul of how we account for water quality advisories. One of the other concerns about Bill C-61 that must be addressed at committee is the government's approach to consultation on the bill.
Many first nation leaders, including the AFN, were involved in the process to develop the legislation and will support it. I believe it has been a long time coming, yet not all first nations leaders agree, and there seems to be a growing chorus of voices from first nations communities opposed to the legislation, mainly stating that it was not co-developed or does not have their support. It will be important to hear from those leaders to hear and address the concerns they may have with Bill C-61.
Furthermore, there are a number of other questions that must be explored at committee, including that some communities face extensive barriers to long-term access to safe drinking water, barriers that are unfortunately not solved by money alone.
What are those barriers and how can we partner with indigenous communities to overcome them? Keeping in mind the close spiritual and historical connection with the land, is relocation an option for communities in extreme conditions where no matter of money will provide a long-term solution? If that is an option, what does that look like for an indigenous community? How do we solve the issue of transparency and ensure data is current and relevant and provides a real picture of the water situation?
Long-term operation and maintenance continues to be an ongoing impediment to safe water access. A limited number of trained staff, and in some cases no trained staff, for remote locations beg the question of how we solve critical staffing issues. Perhaps there is potential to explore regional solutions, or shared water management systems that provide a sharing of personnel and resources.
We must also look at the aggravating or mitigating factors limiting access to clean drinking water, such as remoteness, overcrowded communities and areas with poor to no access to water. We need to understand one solution does not always fit all in these situations.
Lastly, what role can technology play? Are remotely operated plants an option? Do we have that kind of technology or the infrastructure available in Canada? We need to hear from witnesses who can speak to those potential solutions.
Conservatives agree clean drinking water is a basic necessity of life. We must work with provinces, territories, municipalities and indigenous communities to develop a real solution with an agreed upon timeline to deliver access to safe drinking water to all communities.
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Madam Speaker, as I mentioned earlier in my speech, this piece of legislation, Bill C-61, is an important step forward and something that has support from organizations such as the AFN. Others do have some questions they would like asked, and we will get to that in the committee process.
As for the actual time schedule, it is the government that controls the agenda in the House. We are at its mercy. It is really up to its members and their priorities. I notice something with other pieces of legislation, such as the indigenous-led legislation we just finished up in committee today, Bill C-53. That legislation, on self-governance concerning Métis in Ontario, Saskatchewan and Alberta, was promised for months and brought in at the dying days of the session before the break in June.
This piece of legislation, Bill C-61, was again promised for months. I do not know what the delay was on the government's side. I do not know what it was. I believe the delay has been over six months, when we could have been discussing this or even bringing it to committee, and perhaps even passing it at third reading. Again, it is the government putting up these roadblocks. We would like to see what timetable it has in mind.
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- Feb/5/24 12:52:30 p.m.
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Madam Speaker, it is still shameful that this kind of situation still goes on in our country. I know the member shared a story of a long-term boil water advisory in her riding. The riding of Kenora has had the longest boil water advisory in history, for well over 10,000 days now. It has been in effect since 1995.
That was the heart of my speech. The Ottawa-knows-best approach is clearly not working. With all the technology and brainpower available, we still have boil water advisories. The fact that we are able to solve this and we have not is not beyond me. This tells me that the structure and the status quo itself is not working. If we can address that symptom, I think then, with more indigenous-led solutions, we can actually get this problem fixed.
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Madam Speaker, I take it that INAN committee has wrapped up, because the member for Nunavut is in this place continuing to work hard for her constituents.
This is one of the things I wanted to highlight, and I should have focused more time on it. Those discussions need to take place. We address it, and Bill C-61 does touch on it, by including those voices and those conversations, especially when the bill talks about source water. I spoke about it a bit. I will make a note to speak on it a little more, but one of the things we will address in committee are issues like that.
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Madam Speaker, I want to commend my friend, the member for Fort McMurray—Cold Lake, for her work with first nations and Métis communities in her riding. She is a tremendous champion for those voices, and I know those communities appreciate all her knowledge and willingness to continue to learn on this file. It is not a file that should be taken lightly. I know she takes it very seriously and really digs in, and I appreciate that.
She could not be more bang on with her comment. The government, like with many other pieces of legislation, waited until the last second to bring this in. The legislation, as she mentioned, was promised for six months and counting. Bill C-53, the Métis self-government legislation, was brought in during the dying seconds of the sitting before we adjourned in June. We could even go back to the Whitecap Dakota treaty, which was also brought in during the dying days.
Again, it is a growing concern. On the one hand, the government says that the indigenous file is the most important relationship. However, on the other hand, it drops these pieces of legislation at the last second or in the dying days of Parliament.
First nations communities deserve more than that. We should be promoting them front and centre. Unfortunately the government says one thing and does the other.
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- Feb/5/24 12:57:58 p.m.
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Madam Speaker, it is my understanding that we will be voting in favour of this at second reading.
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- Feb/5/24 12:58:46 p.m.
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Madam Speaker, unfortunately I did not catch the whole segment of the member's question. It was about the AFN. I think I did say that there should be consultation within all groups.
The AFN, as I did point out, was in favour. However, at the same time, if we want to listen to the AFN, we should also listen to it when it talks about the carbon tax and the 133 chiefs of Ontario who want relief from the carbon tax. The Northwest Territories premiers are now calling for a break from the carbon tax. Let us start listening to those indigenous voices and axe the tax.
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