[Witness spoke in Siksikai’powahsini]
[English]
I am Chief Ouray Crowfoot from the Siksika First Nation. I'd like to thank the chair and the committee members for providing the opportunity for Siksikaitsitapi, the Blackfoot nation, to speak regarding Bill C-61.
I'd like to thank Kiaayo'toka, Troy Knowlton, as well as Makiinima, Roy Fox, from the Blood Tribe.
We are three distinct nations, but we are one nation similar to the Iroquois Confederacy. As a matter of fact, just a month ago, the Blackfoot Confederacy and the Iroquois Confederacy made some alliances to work together because we have a lot of similarities in our proximity and our populations. We're large confederacies, and we have a lot of commonalities, but that's another story for another day.
The Blackfoot nation, Siksikaitsitapi, supports Bill C-61. This does not mean that we think the bill is perfect, as mentioned by Chief Knowlton. The minister has committed to making further amendments, which we will speak of today.
I want to start, though, by focusing on the critically important and long overdue historical rights recognition contained in Bill C-61. My cousin Sam Crowfoot and my great-great-great-grandfather was Isapo-muxika, Chief Crowfoot, one of the signatories to the Blackfoot treaty. He entered into the treaty with Canada in 1877. Water was clearly fundamental to that treaty.
Canada committed to support Siksika's transition to agriculture and other economic developments on our reserve lands. At that time, the Blackfeet, previous to the treaty, were a buffalo people. We were a nomadic people; we followed the lands. The buffalo all over the lands and our stories tie us to these waters. Our stories tie us to these lands, similar to what was mentioned by the Six Nations and their stories about the water and the lands.
After the treaty of 1877, the transition was that Canada was to create farms for the Blackfeet and other economic opportunities on those lands. Despite this, many times since 1877, we've been told we have no water rights and that the water on our lands and under our feet is not our water and that we have no rights to govern our water.
With Bill C-61, that comes to an end. It has taken over 147 years, but finally Canada is set to recognize our treaty rights to the water on, in and under our lands, and our inherent right to govern the water according to our traditional values. For this reason alone, Siksika supports Bill C-61 with respect to the right of every first nation to their own position on Bill C-61.
Having said that, I need to address the consultation process on the bill. We didn't think it was perfect. Even so, Canada started by asking for our understanding of our treaty water rights. For the first time ever, we had opportunities to review and comment on draft legislation. Although we had to fight hard, Canada responded with critically important changes to the bill. After two years of significant consultation, the recognition of our inherent right of self-government over water was broadened beyond just drinking water infrastructure to all aspects of water. The assurance of sufficient water supplies in clause 15 was also a direct response to the Blackfoot nations.
The committee needs to appreciate that every first nation has had some opportunity to consult on the bill. However, there are still serious issues with the bill. The legislation is supposed to end Canada's shameful legacy of neglect, underfunding and discrimination against first nations' access to safe drinking water, but it falls short. Canada commits to best efforts to ensure first nations have safe drinking water. In light of Canada's century of failure on safe drinking water, first nations must not be asked to accept and trust that Canada's best efforts will be effective.
Many first nations across the country share this concern with Bill C-61. A clear and simple amendment can help address this. In the preamble of the bill, Canada cites the UN resolution, confirming that safe drinking water is a human right. Canada needs to recognize that right in the body of the bill.
Siksikaitsitapi, the Blackfoot nations, are seeking an amendment to clause 3 that would read:
3(3) For greater certainty, it is recognized and affirmed that First Nation peoples have a human right to safe drinking water consistent with United Nations resolution 64/292 (2010) and that pursuant to this Act the human right to safe drinking water means that all First Nation members resident on First Nation lands have a right to drink water that poses no risks to human health or well-being.
When Canada started consultation on Bill C-61 in 2022, it told first nations across Canada that it would affirm and recognize our rights. At least a dozen AFN general assembly resolutions and many resolutions by the Alberta Assembly of Treaty Chiefs have consistently called on Canada to recognize that first nations have a human right to safe drinking water. It should be obvious that in legislation meant to ensure that first nations have safe drinking water, the primary right to be enshrined must be the first nations' right to safe drinking water.