Good morning. I'd like to make some comments this morning.
In 2010, Canada conducted the national assessment of first nations water and waste-water systems. At Ermineskin, the assessment found that our water treatment plant, built in the 1970s, failed to meet drinking water standards and badly needed to be replaced. The plant is still operating.
About 70% of our families are not connected to the treatment plant. They get water from about 500 rural wells. The assessment found that every single tested well failed to meet the health requirements of drinking water standards. Fecal coliforms and E. coli were common. Canada was informed that an investment of about $80 million was needed at Ermineskin so our people could access safe drinking water. To this date, Canada has failed to implement any of the key recommendations of the assessment, with awful consequences.
From 2010 to 2022, there have been 361 drinking water advisories on about 500 wells, or 73% of our homes. Even worse, 232 of those drinking water advisories were longer than a year and almost 80 are effectively permanent. Three families even live with “do not consume” orders on their wells. These records have been provided to the committee.
Ermineskin, for our part, has invested lots of time, energy and resources trying to find a solution. When Canada failed to act on the 2010 assessment, Ermineskin started one of the first legal actions on safe drinking water in 2014. We willingly put the litigation in abeyance to work with Canada to find solutions. Canada first tried to push the cheapest short-term solution possible. After four years, Canada finally agreed to apply the Canadian drinking water guidelines and study what is actually needed to ensure safe drinking water for our people.
The negotiations ended earlier this year because Canada said the 361 drinking water advisories didn't matter because they are on wells and not on our water plant. Canada refuses to fund the solution recommended by qualified engineers that is needed to get safe drinking water to all of the families at Ermineskin, which is centrally treated water piped to all of our homes. Ten years of negotiations ended in February when Canada effectively said, “too bad”.
Despite the frustration and the complete lack of action by Canada on our drinking water systems, Ermineskin invested heavily in engagement on Bill C-61. We were hopeful when Canada told us at the first meeting, in September 2022, that it wanted to develop new legislation to finally address unsafe drinking water at Ermineskin and all first nations. Canada told us, according to its own document, “We are committed to...affirm and recognize the rights of First Nations”. Specifically, Canada said it intended to address the “non-recognition of First Nations water rights” in former legislation. Finally, we thought Canada was ready to do what's needed and to do what's right: to recognize that first nations have a right to safe drinking water. After all, the bill is about safe drinking water.
Ermineskin worked with Dr. Littlechild, a leading expert on the UN declaration, and with Professor David Percy, former dean of law at the University of Alberta, Canada's leading water law expert and adviser to the Waitangi Tribunal on Maori water rights, so that we could provide Canada with the best possible input. We held five all-day council sessions on the bill, met many times with Canada and provided six written submissions on the bill.
Although we are pleased that it recognizes that our water is part of our reserve land and that we have a broader right of self-government over our water, Canada has failed on the most important issue. A law meant to ensure that first nations have access to safe drinking water must recognize our right to safe drinking water.
Many first nations, including Ermineskin, have suffered too long from Canada's “best efforts”. It is absolutely critical that Bill C-61 recognize that first nations have a right to safe drinking water.
Chief Mykat will provide final comments.