Alberta Treaty Chiefs react to federal drinking water legislation

“This is a time for action, with First Nations guiding the way. For too long, many First Nations communities have gone without the protections that help keep drinking water safe, Minister Mady Gull-Masty said at the announcement.

“The proposed First Nations Clean Water Act would establish, for the first time, a legislative framework to support safe drinking water in First Nations communities, while recognizing First Nations jurisdiction over water on their lands and holding governments to account. And because legislation alone is not enough, we are making the largest investment ever dedicated to First Nations water and wastewater infrastructure. I encourage everyone involved in moving this proposed legislation forward to work together and act quickly.”

But Alberta’s Chiefs don’t see that the ‘working together’ part has been part of the process as of yet.

The Chiefs Steering Committee on Technical Services (CSC) says it ‘unequivocally condemns’ the Carney government’s decision to advance the legislation.

They say it’s been done behind closed doors, without the leadership, input, or guidance of the Treaty First Nations directly affected.

“This legislation is a rinse-and-repeat of Bill C-61, legislation that failed to honour outstanding Treaty rights, territories and federal commitments to our peoples,” says Chief Rupert Meneen, Tallcree Tribal Government, Treaty No. 8 Territory, and Chair of the CSC. “This legislation minimizes our Inherent rights and continues Canada’s legacy of systemic harms to First Nations Peoples.”

They also called it a ‘dishonourable step backward.’

rdnewsNOW/Pattison Media requested a response from the Ministry of Indigenous Services.

“Minister Gull-Masty has heard directly from Chiefs, water operators, technical experts, Elders, and community members who want to see this legislation move forward. Indigenous Services Canada did over six years of engagement and consultations with First Nations, including hundreds of in-person and virtual engagement sessions,” the office of Minister Gull-Masty says in its response.

“These consultations were focused on what principles and provisions should be included in this bill. Bill C-37 reflects what was heard during that process. Minister Gull-Masty has had meaningful conversations on this Bill with partners over this past year, and they will have the opportunity to continue working together while it goes through the parliamentary process.”

The CSC is demanding an immediate return to the Treaty Bilateral Table for Water and Related Infrastructure, to honour the jointly signed Terms of Reference, which include, they note:

Recognition of water as a human right in Canada, informed by tribal worldviews and emerging legal precedents that recognize water as a sentient being with legal personhood.
Legislative engagement to support the extension of tribal jurisdiction beyond “reserve” lands to in, on, and under all treaty lands, within the context of Bill 7, C-5, and C-37, grounded in tribal approaches to sustainable water stewardship.
Water apportionment influence and recognition of Treaty jurisdiction.
Needs-based agreement with water/water-related infrastructure capacity needs met. Including expanded jurisdiction over water.
Ongoing strategy and long-term planning to define and inform treaty-based arrangements (not transfer-based).
Funding confirmed and sustainability embedded – Treasury Board submission.
Establish the framework for a Treaty Water Protectorate in the Alberta region.
Realistic and legally mandated funding that meaningfully addresses the +$40 billion required to restore water infrastructure—Bill C-37’s commitment is a drop in a very large bucket.
Adequate, ongoing resources for long-term jurisdiction over Canada’s decades-long neglect of First Nations water systems.
Clear language that requires the Province of Alberta to respect First Nations governance and source water protections. A voluntary partnership with Alberta is a fantasy, not a plan.
A recognition that any agreement must come from the Crown, not a Canadian government mechanism. Treaties are agreements signed with the Crown and must respect that relationship.

by Josh Hall

Alberta Treaty Chiefs react to federal drinking water legislation

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