Safe Drinking Water for First Nations
By: Michael, Sumon and Quin
What is it
- The Safe Drinking Water for First Nations Act (SDWFNA) is a piece of legislation introduced by the Canadian government on November 1st, 2013.
- It aims to provide guidelines for establishing regulations regarding the provision of safe drinking water to residents of First Nations Reserves.
- Every province and territory has its own laws regulating drinking water, but these laws do not apply to First Nations lands, resulting in many First Nations residents lacking access to safe water. The SDWFNA makes it easier for necessary regulations to be put in place on these lands.
Safe Drinking Water for First Nations Act
Why was it created?
Occurance?
- The SDWFNA was created with the intention of making it easier for governments to pass further legislation providing residents of First Nations with safe drinking water.
- There have been guidelines for drinking water quality in place in Canada since the 1960s, but it is ultimately up to municipalities to follow these guidelines so if municipal funding is lacking, water quality often suffers.
- Despite attempts at building and using treatments plants in First Nations communities, the systems have been plagued with issues. These include lack of trained operators, long delays in repairs, and rising levels of initial contamination in water sources
Areas For Which Regulations are to be Prepared Under the SDWFNA
Regulations under the SDWFNA
There are 11 areas of concern that require regulations under the SDWFNA:
- Protecting water sources
- Planning water treatment facilities and operations
- Distribution of water
- Training of water treatment operators
- Developing treatment standards
- Monitoring water quality
- Collecting and reporting of information
- Handling of wastewater treatment products
- Establishing emergency contamination procedures
- Establishing mechanisms to ensure compliance to regulations
- Establishing mechanisms to allow appeals to be made to regulations
Involvement and Impact of Safe Drinking Water for First Nations Act (SDWFNA) on First Nation Community
Government & Society
Critic of Safe Drinking Water for First Nations Act
Critic of Safe Drinking Water for First Nations Act
- Allison A. Thornton of Koch Thornton LLP calls the Act- An Unsafe Foundation for Safe and Sustainable Drinking Water in First Nation Communities.
- In other words: the Act is an empty and dangerous colonial response to pressing needs.
The Assembly of First Nations (AFN) do not support Safe Drinking Water f...
The Assembly of First Nations (AFN) do not support Safe Drinking Water for First Nations Act (SDWFNA)
- “No, the AFN is not working with Indigenous and Northern Affair Canada (INAC) on the Safe Drinking Water for First Nations Act,” says the AFN’s Manitoba regional chief Kevin Hart, who is the housing and water portfolio holder for the assembly.
- The assembly has passed two resolutions — one in 2015, and in 2016 — calling for the Safe Drinking Water for First Nations Act to be repealed.
Why repeal the Act?
- First Nation community members were not properly consulted by the previous conservative when they legislated and passed Safe Drinking Water for First Nations Act in parliament.
- First Nations believe that the Act offloads greater liability for failing water systems onto Indigenous communities.
- Offers weak protection to aboriginal and treaty rights and utterly fails to acknowledge First Nation jurisdiction over water.
- Fails to address the continuing resource gap and fails to respect First Nation authority and concerns.
- Highly Vulnerable to Shifts in Political Commitment by the Federal Crown.
Impact on the indigenous community since passi...
Impact on the indigenous community since passing of the SDWFNA Act
- Neskantaga First Nation is a northern Ontario community that has been without safe tap water since 1995. About 350-500 people live in Neskantaga.
- Neskantaga Chief Wayne Moonias said "For more than 20 years we haven't been able to drink water from our taps or bathe without getting rashes."
- Good news: The government will invest approximately $8.8 million to upgrade, renovate and improve the water plant in Neskantaga First Nation and the government expect the upgrades to be completed by late spring of 2018.
Impact on the indigenous community since passing of the SDWFNA Act
- Shoal Lake No. 40 First Nation community has been without safe tap water since 1997.
- Alexis Creek First Nation community has been without safe tap water since 1999.
- Eabametoong First Nation has been without safe tap water since 2001.
- Deer Lake First Nation has been without safe tap water since 2001.
- Lac Seul First Nation has been without safe tap water since 2003.
- Muskrat Dam Lake First Nation has been without safe tap water since 2003.
Canadian Government Involvement and Impact
Government
- Prime Minister Justin Trudeau has promised to lift all long-term advisories in First Nations communities by March 2021
- In 2017, the Indigenous affairs department began an engagement process with the First Nation to review, amend and simplify the Safe Drinking Water for First Nation Act.
- The Indigenous affairs department is working with the Assembly of First Nations to come up with a new formula for operations and maintenance funding.
- The Department of Indigenous Services website includes an interactive map that shows all of the long-term advisories and a list with each affected community’s status.
Current Status
- 2016 budget invested $1.8 billion over five years for on-reserve water and wastewater infrastructure to address health and safety needs, ensure proper facility operation and maintenance, and end long-term drinking water advisories on public systems on reserve.
- 2017 budget invested an additional $4 billion over 10 years, starting in 2018-2019, to build and improve infrastructure, in First Nation and Inuit communities.
- 2018 budget proposes to invest an additional $172.6 million over three years, starting in 2018-2019, to improve access to clean and safe drinking water on reserve and accelerate the pace of construction and renovation of affected water systems.
Important?
First Nations communities do not have comparable legally enforceable protections
Water Regulation
The Government of Canada has a protocol for Safe Drinking Water for First Nations Communities
- Sets out clear standards for design, operation and maintenance of drinking water systems
- To support First Nations in providing community water and wastewater services
Discussion
- Do you think the government is discriminating against First Nations?
- Should water regulation remain a municipal responsibility, or should the government control treatment?