AMC Responds to Canada’s Position in Class-Action Lawsuit on Clean Drinking Water

October 8, 2024

Treaty One Territory, Manitoba

AMC Communications

Treaty One Territory, Manitoba – The Assembly of Manitoba Chiefs (AMC) expresses disbelief in the federal government’s legal stance in response to the national class-action lawsuit launched by Shamattawa First Nation. The lawsuit, led by Chief Jordna Hill, addresses the urgent and long-standing lack of access to clean drinking water in First Nations, including the Shamattawa First Nation which has been under a boil water advisory since 2018.

This week, it was reported that Justice Canada lawyers are preparing to argue in Federal Court that the government has no legal obligation to ensure First Nations have access to clean drinking water. The AMC has reviewed the federal government’s statement of defence and is greatly troubled by the position advanced by Justice Canada, which includes the following:

  • “Canada supports First Nations in providing safe drinking water to First Nations members on reserve as a matter of good governance rather than as a result of a legal duty.”
  • “…Canada acknowledges there is a special relationship between Canada and First Nations, including Shamattawa and other First Nations, which in certain circumstances may give rise to fiduciary obligations or obligations based upon the honour of the Crown. However, Canada does not owe such obligations to the plaintiffs in all of the circumstances here.”
  • “Canada acknowledges that Minister Miller repeatedly affirmed Canada’s commitment to provide safe drinking water to all First Nations members on reserve…however, each comment was made in a particular context…and…did not provide a legal opinion…
  • …Minister Hajdu…affirmed Canada’s commitment to provide safe drinking water to all First Nations members on reserve…however, again, the comment was made in a particular context…and…did not provide a legal opinion…
  • “Canada denies it has limited any rights of the plaintiffs under the Canadian Charter of Rights and Freedoms…”
  • “[T]o the to the extent that…UNDRIP, or any of the international instruments…may inform the interpretation of domestic law, Canada pleads that at all material times, Canada’s conduct has been consistent with the principles in those international instruments.”
  • “[I]f any of the plaintiffs’ claims rest on events…many years ago…damages…are out of time and statute-barred...”

The AMC is troubled that, despite Liberal ministers publicly acknowledging federal responsibility for the water crisis, they continue to support a completely contrary position in court.

Acting Grand Chief Betsy Kennedy said, “In 2024, it is unacceptable that thousands of First Nations people still lack access to clean drinking water, a basic human right. Canada’s legal stance contradicts its own commitment to reconciliation, advances a dismissive view of UNDRIP and the Canadian Charter of Rights of Freedoms, and undermines the rights of First Nations everywhere.”

The AMC stands in solidarity with Shamattawa First Nation and the 59 other First Nations that have opted into this lawsuit. The AMC condemns Canada’s legal strategy, which Chief Hill has asserted “sought to blame me and my band council for our long-term drinking water advisory”. Canada’s position appears to blame First Nations leaders for the consequences of systemic underfunding and decades of neglect.

“Pointing fingers at First Nations for the entirely predictable consequences of Canada’s failure to provide adequate support is not only shameful but also a violation of the trust our people are trying to develop with the government,” continues Acting Grand Chief Betsy Kennedy. “The federal government has acknowledged its role in this crisis publicly, yet in court, they deny any responsibility. This is a clear act of hypocrisy that is unacceptable.”

In 2017, former Minister of Justice Jody Wilson-Raybould mandated a shift in Canada’s relationship with Indigenous peoples, including litigation, to align with the Canadian Charter of Rights and Freedoms and the recognition of Indigenous rights. This directive aimed to end legal positions that are contrary to reconciliation and Canada’s commitments, including pleading limitations defences. The federal government’s current stance on the Shamattawa lawsuit clearly undermines this commitment, continuing the harmful policies Wilson-Raybould sought to change.

“Clean water is a basic human right. For too long, our nations have suffered under boil water advisories, and our people have been left vulnerable to the health and safety risks of unsafe drinking water,” said Acting Grand Chief Kennedy. “It is time for Canada to live up to its promises and provide the resources and support necessary to resolve this issue once and for all.”

The AMC remains committed to supporting Shamattawa First Nation and advocating for all First Nations who continue to endure this human rights crisis. Clean water is not a privilege—it is a fundamental right.

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For more information, please contact:

Communications Team
Assembly of Manitoba Chiefs
Email:  media@manitobachiefs.com 

About the Assembly of Manitoba Chiefs

The AMC was formed in 1988 by the Chiefs in Manitoba to advocate on issues that commonly affect First Nations in Manitoba. AMC is an authorized representative of all 63 First Nations in Manitoba with a total of more than 172,000 First Nations citizens in the province, accounting for approximately 12 percent of the provincial population. AMC represents a diversity of Anishinaabe, Nehetho / Ininew, Anisininew, Denesuline, and Dakota Oyate peoples.