Canada: No right to water for first nation?

The federal government has no legal duty to ensure First Nations have clean drinking water, even if Liberal ministers publicly suggest otherwise, Justice Canada lawyers say. According to the Canadian CBC, that’s the defence the federal government is expected to mount in Ottawa this week in Federal Court, as it fights a national class-action lawsuit launched by a remote northern Manitoba First Nation in 2022.

In its statement of defence, Canada argues the government supports the delivery of potable water for First Nations as a discretionary political decision, calling it “a matter of good governance rather than legal duty.” The statement of defence says:

“Canada does not owe any legal obligations or duties to operate and maintain the plaintiffs’ water systems.”

Niki Ashton, the New Democrat MP whose riding includes Shamattawa, says Canada’s arguments are shocking and hypocritical. In an interview he said:

“I think any Canadian would be shocked that, in a country as wealthy as Canada, a country that has been seen to be a leader on human rights on the world stage, we’re telling First Nations that they don’t have a right to clean water. We’re really seeing the dark underbelly of Canada, and I would say the hypocrisy of the Liberals.”

Read the full article on CBC

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