BackgroundThe federal government has an obligation to engage First Nations in consultation on issues that have potential to impact Aboriginal and Treaty Rights guaranteed under the Section 35 of the Constitution Act, 1982. The capacity of First Nations to pursue these rights is highly dependent on the quality of the environment and the water. First Nations rights to life, liberty and security of the person, guaranteed under section 7 of the Charter of Rights and Freedoms, are likewise at risk if First Nations’ access to safe drinking water and sanitary wastewater management is limited. Health Canada and Environment Canada, in consultation with Indian and Northern Affairs Canada (INAC), are mandated to establish and upgrade proposed health and environment regulations, standards, guidelines and best management practices related to water protection from “source to tap”. The mandate of Health Canada’s water program is the “protection of public health from microbiological pathogens, chemical and physical, and radiological contaminants found in drinking water and recreational water supplies.” A document prepared by INAC in collaboration with Health Canada called Safe Drinking Water on First Nations Reserves, Roles and Responsibilities, 2001 (link to Health Canada website here), refers to Health Canada’s role in the development of “training programs, such as those for water treatment operators and community-based water monitors on First Nations land...” Environment Canada’s mandate includes the development of integrated water resource and land management actions to conserve, protect and promote sustainable use and practices and to protect and enhance the health of aquatic species, including the development of sustainable water management practices (link to Environment Canada website here). INAC has the primary authority for fulfilling the federal government’s constitutional, treaty, political and legal responsibilities for First Nations. INAC funds the provision of water services on reserve, and is responsible for monitoring the design, construction and maintenance of these facilities. INAC is mandated to work collaboratively with First Nations in the case of urgent health and safety situations on reserves, especially the handling of emergencies resulting from unanticipated contamination of drinking water (link to INAC website here). In 1995, the Royal Commission on Aboriginal Peoples (RCAP) called for federal and provincial governments to revise policy and legislation to meet the standards of First Nations engagement. Water management is one area where collaboration and partnerships were seen as crucial. RCAP called for the joint revision of the Canada Water Act, and establishing federal/provincial/Aboriginal arrangements where none exist. A decade later, the protection of water sources and the delivery of safe drinking water to First Nations are among the priorities identified by First Nations where more meaningful partnerships are required. In 2003, the federal government announced a First Nations Water Management Strategy (FNWMS) to address water related issues of concern to First Nations including the state of drinking water, wastewater management, and source water protection. In September 2005, the Auditor General of Canada reviewed the status of the strategy and expressed concerns about its implementation. Among other things, the report noted that: 1) Initiatives have not substantially reduced the health and safety risks;
|
