Drinking water is poured into a glass from a faucet in North Vancouver, July, 30, 2019. An Alberta First Nation has revived a lawsuit it first launched 10 years ago in an effort to get the federal government to recognize its human right to clean, safe water.
Shamattawa First Nation in northern Manitoba is seeking a judgment that Canada has a legal duty to ensure First Nations have access to potable water, as part of a class-action lawsuit filed in 2022. 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.
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." Fifty-nine First Nations have opted into the current case, while individual First Nation members would be automatically included if they meet the requisite criteria.
But Canada now argues the comment — and others like it — "was made in a particular context," shouldn't be taken out of context and doesn't provide a legal opinion. "We have lifted over 145 long-term boil water advisories and prevented well over 200. We are going to continue that hard work," Hajdu said.Ashton told CBC Indigenous it was "particularly heartbreaking" to hear how Shamattawa has been treated in the case.
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