Legal battles over clean water rights for First Nations are heating up as the Shamattawa First Nation takes center stage. This remote northern Manitoba community has been under a boil water advisory since 2018 and has now launched a national class-action lawsuit against the federal government, claiming the lack of access to clean drinking water is not just a matter of inconvenience but rather an urgent human rights crisis.
According to lawyers representing the federal government, Canada does not hold any legal obligation to provide First Nations with clean drinking water, even if this contradicts public sentiments expressed by numerous Liberal ministers. Justice Canada lawyers stated this week before the Federal Court, arguing their case as they seek to counter the claims of Shamattawa and its chief, Jordna Hill. The government asserts such responsibilities are discretionary rather than legally mandated actions.
The stakes are high. The plaintiffs argue they are fighting for something fundamental—a basic human right to clean water. Alana Robert, the counsel for Shamattawa First Nation, emphasized the frustration of having to battle for this right again. She expressed discontent with the government’s stance, indicating the emotional toll such litigation takes on communities.
This isn’t just about one community’s struggle; the lawsuit, initiated last year, looks to represent all First Nations members impacted by any drinking water advisory issued since June 20, 2020. Over fifty-nine First Nations have opted to join this case, reflecting widespread dissatisfaction with the systemic issues plaguing First Nations concerning water access.
Interestingly, the federal government's defense includes challenging the notion of whether there is such thing as a distinctly Indigenous right to safe water. They claim there is no obligation for government funding as well. This is quite the turn of events considering the numerous public acknowledgments made by government officials about the crisis facing First Nations.
For example, Indigenous Services Minister Patty Hajdu remarked at one point, “Canada accepts the role the government has played in First Nations' lack of access to clean drinking water.” Yet, the government’s current legal strategy seeks to downplay these statements, insisting they were contextual and not meant to convey legal obligations. This is raising eyebrows among advocates and critics alike, including New Democrat MP Niki Ashton, who expressed shock at Canada's position, especially considering the country's reputation as a global leader on human rights.
The issue has become intensely political. It reflects not only the deep divisions present between Indigenous communities and federal authorities but also evokes questions about accountability and the nation’s commitment to uphold human rights for its Indigenous population. Chief Jordna Hill stated her distress concerning the way government lawyers have framed the situation, which she described as blaming the community for the crisis. She communicated her concerns to MP Ashton, illustrating the painful experience of being cross-examined by these lawyers, stating, "Rather than look in the mirror, Canada is pointing the finger at First Nations for the entirely predictable consequences of its own actions."
This legal battle picks up where previous class actions—settled out of court for $8 billion—left off, showing the persistence of systemic challenges. The Canadian government's arguments not only reflect their legal stances but also tactical maneuvers against emotionally charged assertions about the importance of water rights as universal human rights.
During the hearings, the scrutiny placed on First Nation leaders and members has been pronounced. They are often inundated with reams of documents and extensive questions, making it feel as though their struggles are being examined under a microscope. Lawyer Michael Rosenberg, representing the plaintiffs, criticized the method of exploration taken by Canada's legal team, asserting it severely undermines the vulnerable situations of those affected by the longstanding drinking water advisory.
Current water advisories reflect systemic failure, as government reports confirm only limited progress since Prime Minister Justin Trudeau promised to resolve the issue of long-term drinking water advisories. The prime minister set goals back in 2015 to lift all long-term advisories by 2021. While there has been some progress, data reveals there were still over thirty advisories active as of late September 2022, indicating there are serious gaps remaining.
Despite the promises, communities are still left grappling with serious health risks linked to poor water quality. This concern extends beyond just clean drinking water; it encompasses broader issues of environmental justice, public health, and historical negligence toward Indigenous peoples.
The Shamattawa First Nation's legal fight is more than just about water. It sheds light on the harsh realities faced by many Indigenous communities, where systemic failures continue to lead to unmet promises and unaddressed grievances. It highlights the urgent need for re-evaluated relationships between the government and First Nations, especially when it concerns matters of basic human rights.
No easy answers are at hand, and discussions around this class-action lawsuit are likely to stir more debate on national platforms. The forthcoming verdict may not only affect the future of the Shamattawa First Nation but could also have powerful rippling effects for Indigenous self-governance and water rights across Canada.
There’s little doubt this case will continue to bring to the forefront the historical injustices surrounding First Nations’ rights and encourage nationwide conversations on how the government fulfills—or fails to fulfill—its responsibilities toward these communities and their fundamental human rights.
