Indigenous and Northern Affairs Committee on Sept. 19th, 2024

[The Chair, Liberal, Patrick Weiler]

I want to call this meeting to order.

Welcome to meeting number 118 of the House of Commons Standing Committee on Indigenous and Northern Affairs.

I want to start by acknowledging that we are gathered on the ancestral and unceded territories of the Algonquin and Anishinabe peoples, and to express gratitude that we're able to do the important work of this committee on lands that they've stewarded since time immemorial.

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 nations lands.

Before we begin, I want to ask all in-person participants to read the guidelines written on the updated cards on the table. These measures are in place to help prevent audio feedback incidents and protect the health and safety of all participants, including the interpreters.

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

I want to remind all participants of the following points. Please wait until I recognize you by name before speaking, and all comments should be addressed through the chair. Members, please raise your hand if you wish to speak, whether participating in person or via Zoom. The clerk and I will manage the speaking list as best we can.

With that, I'd like to welcome our witnesses for our first panel.

From the Ermineskin Cree Nation, we have Chief Joel Mykat, Councillor Craig Mackinaw, Dr. Wilton Littlechild and Counsel Clayton Leonard. From the Kativik School Board, we have Harriet Keleutak joining us by video conference.

Before we begin, I understand that the witnesses from Ermineskin Cree Nation have asked for 10 minutes for introductory opening remarks. The standing orders of this committee and the typical practice is five minutes. In order to have 10 minutes, we will need the unanimous consent of members in this committee. I want to ensure we have unanimous consent to do that before we move forward.

[Some hon. members]

Agreed.

[The Chair, Liberal, Patrick Weiler]

With that, I will turn it over to the Ermineskin Cree Nation to deliver 10 minutes of opening remarks.

[Chief Joel Mykat, Ermineskin Cree Nation]

[Witness spoke in Cree]

[English]

I'd like to thank the committee for inviting us to speak today about Bill C-61.

Honestly, it's very disappointing and frustrating to have to be here today. As you know, the Ermineskin Cree Nation wants an amendment to the bill to recognize first nations' right to safe drinking water. This means that all first nations people who live on reserve lands have a right to drinking water with no serious risks to human health and well-being. Nothing less will honour and uphold our treaty with Canada and respect our human rights.

This is not just a legal issue. It matters every day in the lives of real people at Ermineskin. Canada has repeatedly promised to fix first nations drinking water issues since the 1970s and has failed over and over. Canada's best efforts promised in the bill are not good enough. Our people have experienced Canada's neglect of our drinking water in their homes and daily lives for decades.

I would like Councillor Mackinaw, who has also worked on this issue for a long time, to give the committee a sense of the unsafe drinking water crisis at Ermineskin. I will then provide a short closing statement.

Sir.

[Grand Chief Craig Makinaw, Councillor, Ermineskin Cree Nation]

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.

[Chief Joel Mykat]

I need to be clear and firm on this issue. Canada has violated the treaty and the human rights of our families, children and elders by failing to act on the unsafe drinking water crisis at Ermineskin. Our long and patient effort to work with Canada on solutions, including this bill, has only resulted in more inaction, failure and half measures.

The Ermineskin Cree Nation has had enough. We will carry through our litigation against Canada until first nations' right to safe drinking water is the law and every person at Ermineskin can turn on the tap in their home, office or school and not worry about whether the water threatens their health and well-being.

Amending Bill C-61 to recognize first nations' right to safe drinking water is a requirement that is long overdue. This would also be a positive step toward resolving Ermineskin's case against Canada and maybe similar lawsuits like those of Shamattawa and Six Nations. Real reconciliation starts with ending Canada's violation of our treaty and every first nation's right to safe drinking water.

I'm not sure if I am allowed to ask committee members questions, but I will anyway. Ermineskin and probably all first nations want to hear from each of you if you support our right to safe drinking water.

[The Chair, Liberal, Patrick Weiler]

Thank you very much for those opening remarks.

Next on the first panel, we have Ms. Harriet Keleutak, who is joining us by video conference.

You have five minutes for introductory remarks.

[Harriet Keleutak, Director General, Kativik School Board]

Thank you. Good morning, everyone.

This is my first time being on this kind of panel, so I'll try to be quick and precise. I am from Nunavik, northern Quebec. I work for a school board, but I've been fighting for the rights of Inuit children and youth to have access to essential services such as water and waste water.

In our region, since we are under the Quebec government, many mornings and many days our students go without water in their homes because some communities do not have enough trucks to bring water or to collect waste water. It has become critical at some point since the pandemic because the Quebec government is neglecting Inuit in Nunavik.

We give a lot to.... We have given up our land. We have given up our water. Hydro-Québec makes money—it's a billion-dollar business—and provides from our land to the States, to Ontario and to other places. However, we, who are within the region, are not connected to the hydro facilities. Therefore, we depend on diesel to make sure our communities are functioning and have electricity.

Since the pandemic, we have seen that essential services have become more scarce or sometimes non-existent. Last winter, we had to close our schools because of no water, or no sewage available to pick up the waste water.

It affects the learning of children and youth. It also affects their health, their cleanliness and their drinking water as well. I don't know how Inuit can be neglected for so long. When children wake up in the morning, their parents have to go to work, and they have to go to school without having water in their homes. There are no flushing toilets, and there is no drinking water—nothing.

It has to be taken seriously because we have been neglected for far too long. The people who govern us or who are in administrations never have to live what we live. For them, it's so hard to understand how people in this day and age can live without drinking water or without access to a water or sewage system. This is something we would like to see investments in because it affects our whole community.

When there are blizzard days, it's normal to go without water, so we try to preserve our water and not use too much water to do laundry or other cleaning things in the house, but we should be able to live like the rest of.... I'll use Quebec as an example. Inuit of Nunavik should be able to live like the people of Montreal, having access to water all the time.

The governments have made it in such a way that, in the land claims agreements, we beg for it, when it's an essential service and a right. We need infrastructure to make sure we have water, drinking water, clean water 24-7, 365 days a year, for the children, the elders and everyone else in the community. We need to make sure that our communities are functioning properly and that we have access to healthy water and proper infrastructure so that our people are served properly.

Thank you.

[The Chair, Liberal, Patrick Weiler]

Thank you very much to the witness for her opening remarks.

With that, we're going to start our first round of questioning.

I apologize. I forgot to mention earlier that all questions for the Ermineskin Cree Nation will be directed through their counsel, Mr. Leonard.

With that, I will turn it over to Mr. Shields.

You have six minutes for questioning.

[Martin Shields, Conservative, Bow River, AB]

Thank you, Mr. Chair.

Thank you to our witnesses for being here today. I very much appreciate it.

One of the first things you talked about was a long history. Can you describe the consultation process for the development of Bill C-61? Can you go through what the consultation was with you?

[Clayton Leonard, Lawyer, Ermineskin Cree Nation]

I believe that, like every first nation in the country, Ermineskin was contacted in 2022 and offered an initial meeting. At that meeting, it was presented to Ermineskin representatives that Canada wanted to introduce new legislation on this issue that would be driven by article 19 of UNDRIP, which requires consent. It was also presented that the bill would not only address the clean drinking water issue, but be driven by an intention to recognize first nations' water rights.

There were probably about four meetings with Canada. As Councillor Makinaw described, there was also a lot of internal work at Ermineskin between those meetings. It was quite an intensive process over two years.

[Martin Shields, Conservative, Bow River, AB]

Is that the consultation you believe you should have had?

[Clayton Leonard]

Not to brush your question aside, but I'm not so interested in talking about consultation. I think the minister promised in the House when this bill was introduced that she would listen to first nation voices, and that would drive amendments.

A number of first nations that I work with, as you know, and probably others in the country, have asked, “In a bill about first nations safe drinking water, where's the right to safe drinking water?”

To my knowledge, no one has received a response from the minister's office.

[Martin Shields, Conservative, Bow River, AB]

The reason I ask that question is that we have heard they felt the duty to consult hadn't occurred. That's why I asked that. It's because we've heard it from other witnesses we've had here.

I think that's a critical thing. If other groups are saying they don't believe they had the consultation process that they sought.... You're saying that that's irrelevant.

[Clayton Leonard]

I'm saying that Ermineskin's experience was that there was an opportunity for in-depth consultation. The issue is Canada's lack of response to the changes and issues brought up in that consultation.

[Martin Shields, Conservative, Bow River, AB]

That would suggest there has not been that consultation. That's just listening, but not acting.

[Clayton Leonard]

There were some good last-minute changes made to the draft of the bill before it was introduced. The bill states that water in, on, and under reserve lands is first nations' water. The recognition of the right of self-government over that water is broad.

It's a bill about clean drinking water, so those things are nice and great, but where's the right to safe drinking water?

[Martin Shields, Conservative, Bow River, AB]

Right.

You've reactivated the lawsuit. What's the basis of that reactivation?

[Clayton Leonard]

As you can see in the drinking water advisory records that have been provided to the committee, and as Councillor Makinaw has pointed out, Ermineskin has lived over the decades with the repeated experience of various governments saying, “We're going to fix this.”

Now, yet again, Canada is promising best efforts in the bill. The reality is that 73% of homes in Ermineskin today are under drinking water advisories.

[Martin Shields, Conservative, Bow River, AB]

What is the intent of the lawsuit?

[Clayton Leonard]

It's to make sure that everyone at Ermineskin can turn on the tap and not have to worry about their drinking water anymore, and to get confirmation in a court of law that first nations have a right to safe drinking water.

I think if that went in the bill, it would help move the lawsuit toward a resolution.

[Martin Shields, Conservative, Bow River, AB]

That's the next question. If it's in the legislation, does the lawsuit stop? Would you drop the lawsuit if that amendment was there?

[Clayton Leonard]

If Canada is actually willing to implement the right to safe drinking water....

[Martin Shields, Conservative, Bow River, AB]

Then what's the difference between it being in the legislation and what you just said?

[Clayton Leonard]

What I just said?