Background of Safe Drinking Water for First Nations
Background of Safe Drinking Water for First Nations Act (SDWFNA) Prepared May 14, 2019 2
Background of SDWFNA • 2010 – Under then Prime Minister Harper, the federal government introduced Bill S-11: An Act Respecting the safety of drinking water on First Nation lands, but was rejected by First Nations • 2011 – National Assessment by Neegan-Burnside found 39% of drinking water systems as “high risk”; 34% as “moderate risk” • 2012 – Bill S-8 introduced as revised version of previous – several issues with bill and it dies on the ‘Order Paper’. • 2013 – Canada reintroduces Legislation with Bill S-11, it is passed as the Safe Drinking Water for First Nations Act. • 2015 – New Liberal government made commitment to end all long term boil water advisories by 2021 and to conduct a full review of legislation that was in conflict with rights, inconsistent with the principles of good governance, or made no public policy sense; such legislation would be repealed. Prepared May 14, 2019 3
Background of SDWFNA • 2017 – Chiefs pass Resolution 88/2017: First Nations led Engagement Process for Safe Drinking Water Legislation • 2017 – Federal government announces a First Nation led process to engage on the SDWFNA • 2018 – Resolution 01/2018: First Nations Led Process to Develop New Federal Safe Drinking Water Legislation to adopt the co-development approach outlined in the AFN Concept Paper • 2018 – Resolution 26/2018: Support for a First Nations Safe Drinking Water Legislation Preliminary Concepts. AFN Preliminary Concepts document endorsed by Chiefs • 2018 - MC to Cabinet for repeal/replacement co-developed but not accepted by PMO (October 5, 2018). Prepared May 14, 2019 4
Issues with the SDWFNA • Did not take into account 2006 Expert Water Panel Findings “regulation alone will not be effective in ensuring safe drinking water” • Adequate resources for O & M, training etc. are more critical to ensuring safe drinking water than regulation alone • Federal government must close the resource gap and has a legal duty to consult with First Nations Prepared May 14, 2019 5
Issues with the SDWFNA • Offers weak protections to aboriginal and treaty rights and fails to acknowledge First Nation jurisdiction over water • Fails to address the resource gap • Excessive immunity provisions for the Crown • Fails to respect First Nation authority and concerns • Provides unreasonable broad powers to delegate “any person” almost any aspect of drinking water provision, monitoring or enforcement • Does not provide for any practical or legal issues of “borrowing” from the provincial regimes Prepared May 14, 2019 6
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