Nia:wen. Thank you for the opportunity to comment on Bill C-61.
My name is Sherri-Lyn Hill. I am the chief of the 59th elected council of Six Nations of the Grand River territory. It's the most populous first nation in Canada and is located a short drive from Toronto, Ontario.
Please note that a written submission was prepared in support of my commentary. I will refer to my community as SNGR or Six Nations from this point forward.
It blows my mind that in 2024, in a G7 country, legislation is required to provide safe drinking water for first nations, but here we are.
With respect to water equality, there are different standards in this country. First, the Canada Water Act manages water resources for the benefit of all Canadians. This act is binding on His Majesty. Second, Ontarians have access to drinking water with source and tap protections and legally binding test standards. Then we have Bill C-61, which introduces non-binding legislation that promises “best efforts”.
This is a slap in the face. No wonder first nations often turn to the courts to pursue federal accountability for their issues. SNGR has fought for access to safe drinking water for decades without success. Most of the Haudenosaunee of Six Nations have relied on unprotected ground-source drinking water since the lands were granted to us by the Haldimand Treaty in 1784.
The federal government has had knowledge of unsafe water at Six Nations for decades. The first community water system, which serviced 11% of households, had contamination issues that led to boil water advisories in 1990. In 2022, Six Nations Health Services released a report on water testing from 2003 and 2022, which revealed that water safety issues remain an ongoing problem. It will take 30-plus years to provide water services to on-reserve members.
Access to safe drinking water is a necessity for all life. No human, plant or animal can survive without it. The lack of access to safe drinking water profoundly impacts quality of life. Nearly 2,000 elderly members living on my reserve have spent most of their lives hauling water for their families. Some of them, in their eighties, continue to climb trucks at a fill station.
It was hoped that Bill C-61 would go beyond the status quo.
The Auditor General of Canada said, in a 2021 report that “Indigenous Services Canada did not provide the support necessary to ensure that First Nations...have ongoing access to safe drinking water.” Furthermore, the report noted that ISC “had not amended the operations and maintenance funding...for First Nations water systems since it was developed 30 years ago.”
There are many aspects of this legislation that are concerning. The repeat use of the phrase “best efforts” does not bind the Government of Canada to action. To successfully achieve the purpose of the bill, several amendments are necessary.
Firstly, consultation must comply with first nations consultation and accommodation policies. Next, the definition of “First Nation governing body” must reference the legally recognized government.
Bill C-61 must ensure that first nations are guaranteed access to safe drinking water that meets all current and future needs. Bill C-61 must require the achievement of outcomes. It must also provide for quantities of water that meet economic and cultural needs. It requires Canada to provide adequate funding for water services and it must ensure all first nations have access to binding dispute resolution.
There are other areas that require strengthening to ensure the inherent rights of first nations are upheld—the rights, I add, that first nations never gave up.
Again, nia:wen. Thank you for the opportunity.