Bill C-61

First Nations Clean Water Act

An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands

This enactment affirms 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. It sets out principles, such as substantive equality, to guide the provision for First Nations of clean and safe drinking water and the effective treatment and disposal of wastewater on First Nation lands. It provides for minimum standards for water quality and quantity and wastewater effluent. It also provides pathways to facilitate source water protection.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Thank you, Mr. Chair.

I was speaking to Chief Emerita Whetung‑MacInnes, whom I am happy to see again. I'm also happy to have this discussion in an official setting where her story can be heard.

My question is about Bill C‑61, which was tabled long before the visit of the special rapporteur on human rights to safe drinking water and sanitation and the tabling of his report in April 2024. In the report, he urges the Government of Canada to do more to guarantee the right to safe drinking water for indigenous communities.

Using the term “best efforts” when it comes to funding seems to me to be a potential loophole, rather than a guarantee that the money will be sufficient or a commitment that there will be stable and predictable funding for first nations.

Are you proposing an amendment to the bill to ensure that the government, rather than just making its best efforts, actually provides sufficient, stable and predictable funding to ensure safe drinking water for first nations, as the situation in Curve Lake demands?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Thank you, Mr. Chair.

Thank you to all the witnesses. Meegwetch.

My first question is for the first nations advisory committee on safe drinking water, particularly Chief Whetung‑MacInnes.

It's a pleasure to see you again and to have this discussion in a formal setting such as this one. Here is where these issues must be addressed and these debates must be held.

I would be curious to hear your views on Bill C‑61, which was tabled long before the special rapporteur on the human rights to safe drinking water and sanitation visited and tabled his report in April 2024. In the report, he urges the Government of Canada to do more to guarantee the right to safe drinking water for indigenous communities.

Using the term “best efforts” when it comes to providing funding appears to be a loophole, not a guarantee that the money will be sufficient or a commitment that the funding will be both stable and predictable.

Do you think we should amend Bill C‑61 to ensure that the government, rather than simply doing its best, will guarantee that the money will be sufficient, stable and predictable?

[Ben Carr, Liberal, Winnipeg South Centre, MB]

Thank you, Mr. Chair.

I apologize to our witnesses. I don't want to take too much time away from the matter at hand, but very quickly, as the sole representative at this table for Manitoba, I want to put forward the following motion in light of the passing of Cathy Merrick, grand chief of the Assembly of Manitoba Chiefs.

I've run this by the leaders of all parties around the table, and I'll read it as follows, Mr. Chair:

That, in light of the sudden passing of Assembly of Manitoba Chiefs Grand Chief Cathy Merrick on September 6, 2024, the Standing Committee on Indigenous and Northern Affairs offer its deepest condolences to her family, friends and community. The committee acknowledges her tireless efforts and leadership, particularly her advocacy for missing and murdered indigenous women and girls, and pledges to honour her dedication to improving the lives of first nations people through its ongoing work.

Furthermore, that the committee report this to the House.

Mr. Chair, because I did not have the chance to present this with 48 hours' notice, I do need unanimous consent in order to move the motion. My hope is that we will receive that, and following that, we can quickly vote to adopt this motion and get back to the important topic at hand vis-à-vis Bill C-61.

Thank you, Mr. Chair.

[Emily Whetung-MacInnes, Chief Emerita, First Nations Advisory Committee on Safe Drinking Water]

Thank you.

[Witness spoke in indigenous language]

[English]

Good afternoon, Chair and committee.

I am joined today by John Brown, who is in the room with you.

My name is Emily Whetung, and I am chief emerita of Curve Lake First Nation and chair of the First Nations Advisory Committee on Safe Drinking Water. I am also one of the individual representative plaintiffs in the access to safe drinking water class action.

I'm here today with one request, which is this: Please do not politicize first nations' access to one of the basic necessities of life. This is a matter that is too important to get caught up in party politics. The legislation that you're considering relates to a subsection of Canadians whose human rights have been ignored for too long. You've heard this sentiment before. You've maybe even seen it in the media, but I'd like to take these first few moments to tell you what this means on a personal level.

It means that when I became a mother in 2014, I had to make sure that the bathwater didn't go in my children's mouths, because it might have made them sick. It means that as they got older, I had to take extra time, coordination, money and energy to get bottled water to make their food safe. It means that all of their beautiful baby and infant pastel-coloured clothes became gray, worn and brown, because the water we washed with was so full of sedimentation that their baby clothes were discoloured. My baby struggled with eczema and skin rashes, which I can only assume was a result of the water issues we faced.

My community doesn't have the worst drinking water in Canada.

It means that eventually I paid over $10,000 personally to have the water issues I faced fixed. Please understand that I say “fixed”, but the system did not eliminate these issues. It simply made the water drinkable and slowed down the wear and deterioration of our clothing and appliances.

These are the everyday struggles of indigenous people across Canada. I want to share with you that my first nation is not remote. It's not in the north. It's three or four hours west and south of Ottawa, where you sit now.

My grandfather lived to be 99, and he passed away in 2021. He would sit by the lake and tell my children and me the stories of how clear and clean the water was when he was young, how you could drink it from the lake, and his memories of our family being healthy and well. When I was a child, he had a water treatment system installed in his home in order to provide for his family. It's a big family. He had 13 children. Everyone who lived nearby would come to his house in the evenings or on weekends with water jugs to fill them up. While it made him proud to be able to take care of us in this way, it's heartbreaking to think that in southern Ontario this had to happen.

I'll say it again. I'm here today with one request. Help Bill C-61 make its way through the legislative process. Help first nations take the first steps toward positive legislation that provides access to clean drinking water. At the very least, move this legislation forward to meet the minimum obligations of the class action settlement agreement.

In my culture, time and attention are a gift, and I would like to express my gratitude for the gift that you've given all of us today with your time and attention.

Thank you. Meegwetch.

[Vice-Chief David Pratt, First Vice-Chief, Federation of Sovereign Indigenous Nations]

Thank you very much, Mr. Chairman, as well as to the clerk and all the committee members today. I'll get right into my statement so we can get into discussion and questions. Thank you all today for your time. I want to acknowledge the beautiful, unceded and unsurrendered Treaty 4 territory that I'm calling from in the city of Regina today.

Good afternoon, members of the INAN committee, staff, my fellow presenters and those observing in person and online. On behalf of the Federation of Sovereign Indigenous Nations, which represents the 74 first nations in Saskatchewan and Treaties 2, 4, 5, 6, 8 and 10, I bring greetings and express my thanks for being given the opportunity to speak to Bill C-61. The FSIN supports federal legislation respecting first nations drinking water, waste water and source water. However, we have concerns regarding the act in its present form. I will note that it has been improved significantly since it was introduced in February 2023, but there's more that needs to be done.

The recommendations in the paper we submitted earlier are based on the position held in our territories since the signing of the numbered treaties and are entirely consistent with UNDRIP, the UN covenant on human rights, the 1982 Constitution Act and the 1763 Royal Proclamation. We hold that as an equal partner in treaty, our nations remain sovereign. It should be rightfully acknowledged, in the current context, as an order of government alongside the federal and provincial governments.

The functionality of this means our job here is to work towards sharing jurisdiction and powers within a co-operative confederation built on reconciliation. This position has been described as treaty federalism. It should be noted that the Constitution Act says nothing on the structure of federalism, only that Canada is the creation of our interlocked rights. Sovereign rights and powers of first nations, which are the basis for all treaty agreements, form the oldest foundation of the Constitution. This is why we call certain sections of Bill C-61 a legislative overreach. The aboriginal treaty rights in section 35 include self-determination. We determine our path. Bill C-61 says Canada affirms first nations' right to self-government, and jurisdiction that imposes layers of federal law narrows our jurisdiction until there is very little room to move.

None of this has anything to do with drinking water and should be taken out. Fresh water will become highly valuable in the near future, and we see the legislative overreach in Bill C-61 as part of a larger strategy by Canada to strengthen its decision-making over water.

We understand this strategy includes the Canada Water Agency and the modernization of the Canada Water Act. However, the paltering that has occurred to draw attention away from the connection between Bill C-61 and these other initiatives raises concern that an additional motive of the strategy is to limit our rights, especially given the overreach described in the paper. Section 35 means that any discussions regarding source water protection or interjurisdictional agreements should occur at treaty tables on a nation-to-nation basis, not through a policy process administered by the Canada Water Agency, which seems to be implied in clause 6(1)(b). As your treaty partner, we remind Canada that our relationship already contains collaborative processes that can be used to reach durable agreements.

When this bill was first discussed, it was in the context of fulfilling Canada's fiduciary duty and preventing another water crisis. If this is still the case, then the use of the “best efforts” clause and sections relating to funding must be amended. It does nothing more than create a loophole that undermines the entire intent and purpose of the act. If Canada truly wants to affirm our section 35 rights and jurisdiction, as stated in the preamble, it will provide us with the proper resources to develop and enforce our own laws and not impose its own beyond what is necessary to ensure proper waste-water and fresh water services for all first nations and prevent future crises. This would be a positive step towards reconciliation and a good way to honour those in our communities who have been affected by a lack of clean water.

Thank you for listening. To committee members, to the staff and to my colleagues, I wish you all good luck in this important work.

[Witness spoke in indigenous language]

[English]

[John Paul, Executive Director, Atlantic Policy Congress of First Nations Chiefs Secretariat]

Thank you, Mr. Chair.

I want to thank the committee for providing an opportunity to provide direct input into this very important piece of federal legislation. I work on behalf of 33 elected first nations chiefs across Atlantic Canada and the Gaspé in Quebec.

Our not-for-profit organization has been in place for over 30 years. Our organization is a policy research organization that analyzes and develops culturally...alternatives to federal policies that impact our Mi'kmaq, Wolastoqiyik, Innu and Peskotomuhkati communities and people.

Our chiefs and staff work to develop a strong voice for all of our communities and people. The development of this legislation has taken a long time, and our chiefs have been involved since the beginning of the discussions with the expert panel on safe drinking water for first nations and the report completed in November 2006.

Our chiefs have always supported the idea of a clear legislative and regulatory regime to ensure equality in the provision of safe drinking water to all of our communities and the safe disposal of waste water. This was the only way in which our first nations would be equals to non-indigenous communities across Canada. Both detailed legislation and comprehensive regulations are needed to ensure that there is a direct connection with the supply of water to the taps in every home in all of our communities.

We clearly remember the crisis that occurred after the Walkerton tragedy in 2010 and the actions by all governments to ensure standards were followed by all communities across Canada, including first nations.

Our chiefs believe it is important to remind everybody why we are here at this point today. To our people and communities, water is an important part of our traditions and culture, and it has been important since time immemorial. Our people have used it to survive and have had traditional ways to ensure water was safe for use in all communities.

In the modern context this has not changed, and all of our communities want safe drinking water for all of our people.

I would now like to outline some key aspects of the legislation that could be improved.

First nations water quality is currently unregulated. Bill C-61 allows first nations to create their own regulations for water and waste-water quality, which, at the minimum, must align with the guidelines for Canadian drinking water quality and either the waste-water system effluent regulations or provincial standards.

The waste-water regulations must consider an environmental risk assessment of the receiving water body. Our chiefs support water and waste-water regulations, as a regulatory framework supports operational and design conditions for our first nations' conditions, consistent with non-indigenous communities. However, regulations developed under C-61 must be met with adequate funding.

With the key first nations standards that are identified within the legislation, our chiefs, in co-operation with the Atlantic First Nations Water Authority, communicated that it will be necessary for Indigenous Services Canada to develop, in partnership with first nations, a comprehensive funding framework within the first year of the act achieving royal assent.

Subclause 27(5) states that “The Minister must make best efforts to begin consultations” on a funding framework within six months of the section coming into force. This is encouraging. However, while there is a mandate to start the work, there is no required deadline to finish it. Our committees believe there must be a commitment to finalize the funding framework within two years of the legislation meeting royal assent. It is essential.

Further to funding, if a first nation creates standards above the guidelines of the Canadian drinking water quality or waste-water system effluent regulations, funding must be adequate to design, install, operate, maintain and monitor the infrastructure required to meet those standards.

Having said that, I must emphasize the need for adequate funding for operations and maintenance on an ongoing basis. Additionally, increased treatment processes require advanced operator training. We must look 20 to 25 years in the future, as the need for safe drinking water will still exist.

More importantly, paragraph 27(2)(d) identifies enforcement as an important element to be considered in the funding framework. Today, there is no precedent for enforcing regulations regarding water services in first nations. Clause 24 enables “the Minister or a provincial, territorial or municipal government or...any public body acting under the authority of the First Nation” to enforce first nations bylaws. Preferably, it will be a first nation-designed and -led enforcement body. It is unclear what the actual cost of enforcement would be—

[The Chair, Liberal, Patrick Weiler]

I'd like to call this meeting to order.

It's great to see everybody here after a summer recess. I hope everybody has had a very nice time in their constituencies and meeting with their constituents.

I want to welcome everybody to meeting number 117 of the House of Commons Standing Committee on Indigenous and Northern Affairs. As always, we start by acknowledging that we are gathered on the ancestral and unceded territories of the Algonquin Anishinabe peoples. I want to express gratitude that we're able to do the important work of this committee on lands that they've stewarded since time immemorial.

Before we begin, I would like to ask that all in-person participants read the guidelines written on the updated cards on the table. These measures are in place to help prevent audio and feedback incidents and to protect the health and safety of all participants, including the interpreters. You'll also notice a QR code on the card, which links to a short awareness video. You'll notice that the microphones are a bit different from what they were prior to the summer. Just make sure you toggle to the appropriate language before we get started here.

Today's meeting is taking place in a hybrid format. All witnesses have completed the required connection tests in advance of this meeting.

I would like to remind the participants of the following points.

Please wait until I recognize you by name before speaking. All comments should be addressed through the chair.

Members, please raise your hands if you wish to speak, whether participating in person or via Zoom, and the clerk and I will manage the speaking order as best we can.

Pursuant to the order of reference of Wednesday, June 5, 2024, the committee is resuming consideration of Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.

Just so you know, we will have time for committee business at the end of this meeting as well.

With that, I'd like to welcome the witnesses we have here today: Mr. John Paul, executive director of the Atlantic Policy Congress of First Nations Chiefs Secretariat; Vice-Chief David Pratt from the Federation of Sovereign Indigenous Nations; and, from the First Nations Advisory Committee on Safe Drinking Water, Mr. John Brown in person and Ms. Emily Whetung-MacInnes online.

We are going to get into the introductory remarks for each of the three witnesses, starting with Mr. Paul.

You have five minutes.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

Thank you, Chair.

First, I would like to thank you for coming here and giving us your presentation regarding good, safe water. It is very important to us. We know how important it is and how it affects our well-being.

It's too bad that we do not have more time. There are many other things that you would like to tell us about clean water or the lack of it. If you want to continue to raise issues that you didn't get a chance to speak about, I would like you to feel welcome to write to us with the rest of the presentation—you may not have had enough time to present here—so that this bill will serve the people when implemented and passed.

The Auditor General, the justice system and indigenous people have told us how many are working with the federal government. They were told 634 indigenous self-governments. We were told that only 181 have clean water. Clean water is very important to us. We need more clean water in all the reservations. The bill as proposed will have to address all the issues and address the 634. We need to protect clean water.

I would like to ask you all, maybe starting with James, to respond.

I'm very concerned about clean water in indigenous communities. The right belonged to indigenous people and was then taken away from them. Now they are trying to give it back to us under Bill C-61. What is it that we have to look at to ensure clean water and that we have the proper resources to have clean water on our reservations? That means money and infrastructure, everything that we need.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

I would be delighted to do so, Mr. Chair.

In light of recent research on the impact of environmental factors and lifestyles on indigenous communities, how should the government address the liability of companies and organizations responsible for pollution, the use of hazardous chemicals and other practices that may cause detrimental epigenetic changes in indigenous individuals and their descendants, for example, as part of Bill C‑61?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Ms. Martin‑Hill, I want to ask you the same question that I put to the officials last week.

In light of recent research on the impact of environmental factors and lifestyles on indigenous communities, how should the government address the liability of companies and organizations responsible for pollution, the use of hazardous chemicals and other practices that may cause detrimental epigenetic changes in indigenous individuals and their descendants, for example, as part of Bill C‑61?

[Chief Troy Knowlton]

At the end of the day, the federal government and the Blackfoot nations signed onto a treaty in 1877. Alberta came into Confederation in 1905. Our agreement is not with the province. In terms of anything that happens on the federal lands, what part do we feel the federal government ought to play? You ought to be behind us or in front of us or beside us in any battles that we're going to have with Alberta. That's federal jurisdiction. Your obligation, the fiduciary responsibility of Canada, is to protect the first nations you signed treaty with. If that means opposing Alberta, which we know is going to happen, then we have to fight this together.

This is why you're getting support for Bill C-61. It's because we know darn well what Alberta is going to do and what their next steps are. They don't have to announce it. We know. That fight is going to take place, I guarantee you, within the next year.

[Samuel Crowfoot, Council Member, Siksika Nation]

Alberta has not been a responsible steward of our water. No Blackfoot nation has ever accepted Alberta's assertion of control over water on our lands, and no court has confirmed that Alberta has any jurisdiction over our water on our reserve lands. In fact, in 2006, an expert report commissioned by the Government of Canada concluded that water on reserve lands could not be governed by provincial water laws due to subsection 91(24) of the Constitution Act.

We are not here to rehash the difficult history of water colonialism in Alberta. The reason for this background is to help the committee appreciate and understand the critical importance of the recognition of our ownership and our inherent right of self-government over our water on our lands in Bill C-61.

The recognition of our treaty rights is historic and long overdue. However, the bill falls short of what is necessary in clause 15, which currently reads:

15 The quantity of water available on the First Nation lands of a First Nation must meet the drinking, cooking, sanitation, hygiene, safety, fire protection and emergency management needs of the First Nation, based on its current and projected water usage needs.

The assurance in clause 15 of a sufficient quantity of water available to first nations is a good start but is not consistent with Canada's treaty obligations with the Blackfoot nations. Under the terms of the Blackfoot treaty, otherwise known as Treaty 7, we have a right to enough water to fully use, benefit from, live on and develop our lands. The listed water uses in clause 15 must also include water for agriculture and economic development to be consistent with the Blackfoot treaty. This is a simple but very critical and necessary amendment to the bill.

Thank you.

[Clayton Leonard, Lawyer, Blackfoot Confederacy First Nations]

I start by thanking the committee for making time and paying attention to our submissions on Bill C-61. I'm here as a legal counsel to the Blackfoot nations so, of course, I have to speak in support of the amendments they're seeking, but before I get into those points I'd like to speak from a personal perspective.

I had my first file about unsafe drinking water at a first nation 20 years ago, and there's been a constant flow of those issues ever since. I shouldn't be in front of this committee, 20 years after the fact, asking Canada to do the right thing on first nation drinking water. I'm not indigenous, and like most Canadians I have the good fortune to turn on the tap in my home or office and not give a second thought to the water that comes out of the tap.

However, I spent a lot of time in first nation communities, hearing from people who live first-hand with water that threatens their well-being on a daily basis. I saw elders in tears as they recounted having to struggle physically to get bottled water into their homes. I saw dirty, smelly water coming out of a fountain in a first nation school, and perhaps one of the most shocking moments to me was seeing a billboard that was pretty much permanent, warning people in the community that there's a do-not-consume order.

Just imagine that for a moment. We all focus heavily on drinking water advisories and boil-water advisories. That community, literally every day, gets up and they can't boil the water. They can't drink it or they'll get sick, and that's been in place for a number of years.

The unsafe drinking water in first nation homes, schools and community buildings is among the worst kind of discrimination our country has inflicted on first nation peoples. It's a disregard for their humanity. I'm happy that Canada took steps to address this over the last few years, but it's not enough and more has to be done. Bill C-61 is a good start, but it asks first nations, despite Canada's legacy, to trust that new best efforts will be enough to ensure safe drinking water in their communities. With Canada's legacy of discrimination against first nations in general, and particularly with regard to unsafe drinking water, it's irrational and indefensible to ask first nations to trust that.

This is why Bill C-61 needs at least one very critical amendment. It's time to stop with half measures. Do the right thing by expressly recognizing that first nations people living in their communities have a human right to turn on the tap and face no risk to their human health or well-being. Nothing less is acceptable. The proposed amendment recognizing that first nations have a right to safe drinking water is critical to reconciliation as well and is consistent, as Chief Crowfoot pointed out, with over a dozen AFN chiefs and assembly resolutions from 2011 to 2023, which I provided to the clerk of the committee.

The amendment will address what's a very common—the most common—criticism from first nations about the bill: It doesn't do enough to ensure that first nations will be assured access to safe drinking water. Canada endorsed the UN resolution 64/292 on the human right to safe drinking water. Did it mean it or not? It references that resolution in the preamble, which means it's within the scope of the bill, but it's lip service if it's not in the body of the legislation.

Funding is also fundamental. It's been about 18 years since the expert panel on safe drinking water concluded that resources, a lot of them, are needed before regulation happens. As we know, that was the key failing of the first crack at this kind of legislation: It wasn't backed by resources for first nations.

While the $6-billion commitment—now—that accompanies the bill will finally address this, I think it's important to note that the funding commitment, although it flows from the class action, the minister has clarified, in writing, to a number of first nations that the funding is for all first nations in Canada.

However, there's still a serious funding issue with the bill. There will be a two-tiered level of access to the $6 billion in water infrastructure funding. The 271 nations under the class action will have access to a binding third party resolution process. This means that, if one of those communities, for example, gets an engineering assessment done of their system that identifies a $10-million need and ISC says, “No, here's $7 million,” the community has recourse under sections 9.06 to 9.08 of the settlement agreement to bring that to a binding dispute resolution process and compel ISC to fund the full $10 million.

This is a critically important funding mechanism that will not be available to 348 first nations across the country; 60% are going to be left behind and at the the mercy of ISC in making decisions. I think it's really critical—

[Chief Ouray Crowfoot]

Okay, I'll be two seconds.

Our proposed amendment will also inform what is meant by the phrase “best efforts” in Bill C-61. Best efforts means that first nation mothers, children and elders have a right to turn on their taps in their homes and the water that comes out poses no risks to their human health or well-being.

Bill C-61 presents a historic opportunity for Canada to finally do the right thing and to recognize that first nations people have a human right to safe drinking water.

[Chief Ouray Crowfoot, Siksika Nation]

[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.