politics
Carney Government Appeals Water Ruling While Introducing Legislation on First Nations Drinking Water
Federal lawyers filed an appeal May 29 challenging a December court decision that recognized an Indigenous interest in safe drinking water on reserves. The move comes two weeks before the Liberals introduced Bill C-37, which sets a weaker policy goal than a predecessor bill that died last year.
Jul 13, 4:00 AM·1m read1 source
Audio version
Tap play to generate a narrated version.
Developing·Limited corroboration so far. This page will refresh as more sources emerge.
The Carney government is appealing a December Federal Court ruling that recognized First Nations have an unmistakably Indigenous interest in safe drinking water on reserves. Federal lawyers filed a written argument on May 29 stating that Justice Paul Favel's decision went far beyond any existing legal obligation and paves the way for unlimited government liability.
The filing asserts that First Nations' interest in reserve land does not include water because water is not attached to land but flows under and around it.
Cbc reported that the appeal seeks to overturn the ruling won by Shamattawa First Nation in a class-action lawsuit. Two weeks after the May 29 filing, the Liberals tabled Bill C-37. The bill declares it is Canada's policy to further the progressive realization of the right to safe drinking water, replacing stronger language from a predecessor bill that died on the order paper last year.
Shamattawa First Nation and Chief Jordna Hill are suing on behalf of all First Nations communities that experienced a drinking water advisory from June 20, 2020 onward. The current lawsuit seeks $1.1 billion and follows an earlier case that produced an $8-billion settlement in 2021 requiring the federal government to table water legislation.
Indigenous Services Canada has provided $26.5 million to Shamattawa First Nation since 2019 for a water treatment plant.
Bill C-37 will be discussed at the Assembly of First Nations' annual summer meeting in Ottawa this week. Toronto-based lawyer Michael Rosenberg, who represents Shamattawa, said the government's legal position is now undermining the legislation that First Nations bargained for.
