Mr. Speaker, I would like to thank the hon. member for Churchill for sharing her time with me.
I support the motion by the hon. member for Toronto Centre but on condition, as was complied with and consented to, of a very critical amendment to that motion. The critical amendment calls for immediate action on an issue that has gone on far too long in this country. We are happy to support this motion subject to the amendment also passing that immediate, urgent action be taken to address the critical situation with respect to access to drinking water for our first nations people in Canada.
The dire situation faced by far too many aboriginal communities deserved urgent, substantial action and investment in decades past by former Conservative and Liberal governments. Today is an opportunity for every elected member in the House to support the call for immediate action and investment, and I emphasize action and investment.
First nations people grow tired of hearing the same response by the Minister of Aboriginal Affairs every day in the House, that the government is spending a lot of money. The government is spending a lot of money on a lot of things, but it is not addressing the urgent needs of first nations women, children, elders and families for potable water for safe washing and drinking. They deserve it now, not next week, not next month, not next year, not in the next decade.
National Chief Shawn Atleo testified on Bill S-11, the proposed safe drinking water act for first nations tabled by the government in the Senate, not in the House, during the last Parliament. That bill, by the way, was roundly spoken against by every first nation organization and leader who testified. We are still waiting for the long-promised revised and improved law to come forward.
Chief Atleo said that federal action to provide safe drinking water services to all first nations is a clear priority for the first nations he represents. It does not yet appear to be a priority for the Conservative government.
I want members to hear me clearly. It is not an adequate response if the measures, including promised but not yet forthcoming laws, taken are not based on direct consultation with first nations and accommodation of their stated needs, interests and recommendations.
Chief Atleo advised that three distinct and inseparable actions must be taken to ensure sustainable supply of safe drinking water to first nations communities. Those include first, clear assurance of the necessary resources to ensure that first nations can comply with any future drinking water standards. Second, a genuine process of consultation with first nations in the development of the rules is needed. Chief Atleo gave examples of where in the past there had been genuine and constructive dialogue on legislation. Regrettably he advised, that has not yet occurred in this matter.
His third action is the recognition that no first nation will agree to any law that abrogates or derogates aboriginal and treaty rights. That was the most strident objection voiced by all first nations witnesses testifying to the law put forward by the government in the last Parliament.
Those views were echoed at other forums sponsored by the federal government. The former Indian affairs department, now Aboriginal Affairs and Northern Development Canada, appointed an expert panel on safe drinking water for first nations. Yet again another review, another study. It reported in 2006. It recommended exactly what Chief Atleo called for.
We need to provide legislative protections for first nations communities in the same way that those protections are accorded to all other communities in this country. How does that happen, because the government in its wisdom, like all past Liberal and Conservative governments, has refused to enact binding, legal, safe drinking water standards?
Therefore, when we deal with first nation peoples who are supposed to be protected by this national government, we see that the government has failed to provide those same standards to first nation peoples.
The expert panel recommended that yes, we need to have legislation provide a useful framework for that law and the number of options, but also said that the government must not move forward until it guarantees the resources and training are in place so those nations can comply with that law.
Then the Senate had yet another review before its aboriginal committee. In 2007, based on the testimony yet again by government and first nation leaders, it made exactly the same recommendations that were put forward by the national chief, and in fact by all the chiefs who had been testifying, and by the INAC expert panel.
Thus the duty to consult and accommodate is very important, and the first nations are calling upon the government to take that seriously. That duty was upheld by the supreme Court of Canada in a very important case brought by a first nation in my province, the Mikisew Cree First Nation. That decision was very clear: before the federal government makes any decision on any policy or law, or on any matter affecting the resources, interests or people of first nations, it has an overriding constitutional obligation to consult, accommodate and respond.
It is not good enough that the government keeps reminding first nations how much money it spent, or to be patient because safe drinking water laws are coming soon. It needs to genuinely commit the budget now.
In a moment, I will reveal what the budget number is. How do I know the number? It is because the government commissioned an engineering group to do the work of identifying that exact figure.
If the first nations suffering under continuing boiled water advisories cannot hold out hope that the government is going to respond to all of those previous reviews, they might heed the advice of the former Auditor General, Sheila Fraser. In her final audit report this year, she identified first nation drinking water as among the critical outstanding matters warranting priority federal action. She admitted that the government had taken some action, but decried the lack of any real progress in improving the lives and well-being of people living on reserves. She has said that despite her office producing over the past decade “...no fewer than 31 audit reports on aboriginal issues....too many First Nations people still lack what most other Canadians take for granted”.
She called for major structural reforms, including a legislated base for programs, including safe drinking water, and “commensurate statutory funding”. Those are very important words, “commensurate statutory funding”.
What she pointed out with examples from education was that in the case of first nation children, they do not have a statutory right to ensure that governments issue money on a regular basis to meet their educational needs or, in this case, their safe drinking water needs. No. First of all, the first nation has to agree that it will build a treatment plant or build the piping or fix the piping or do some training. Then, on that condition, the government will eventually sign a contribution agreement and eventually the first nation will receive some money, but only for a year. Then it starts all over again.
She also called for support for local service delivery by first nations. Again, the Auditor General was listening to first nations. Will the government listen to the first nations?
Let us put a reality fix on the scale of the problem. As I mentioned, the engineering report commissioned by the government, issued this year, identified a cost of an additional $3.5 billion simply to bring first nation water supplies up to standards legally required for other Canadian communities. It may be noted that for Alberta alone, the cost is $162 million.
I want to add that it is not enough just to deal with the end of the pipe. As members may be aware, or those who were in the last Parliament or have taken the time to take a look at what occurred in the last Parliament, a number of us issued a report based on a review of the impact of the oil sands on water. In that report, it was very clear that the federal government was dropping its responsibilities on the protection of source water.
That is absolutely critical. The best way to reduce the costs for first nations of treating their water is to ensure that the source water is clean.
A few days ago, I mentioned the high levels of carbon in the source water of the Fort McKay community. If they had a safer source of water, they could reduce the harm to their community by not having to add more chlorine to their water.
In closing, first nations deserve a law to ensure their right to safe drinking water, they deserve the resources to move on that immediately, they deserve respect for their aboriginal and treaty rights, and they deserve real consultation in this matter.