OTTAWA – A lawyer representing First Nations in a class-action lawsuit against the federal government has expressed concerns over the lack of consultation regarding promised clean drinking water legislation. Michael Rosenberg, who advocated for approximately 260 First Nations in the class action that was settled in 2021, claims that his clients feel excluded from discussions led by Indigenous Services Minister Mandy Gull-Masty. These communities have not yet seen a draft of the legislation intended to ensure their access to clean drinking water, despite the lawsuit's settlement directing the federal government to collaborate with First Nations on the development of such legislation.
Rosenberg labeled the situation "completely unacceptable," emphasizing that his clients are left in a “vacuum” where no governance exists for water on-reserve, leaving them vulnerable. He stated that if the proposed legislation is not introduced before Parliament adjourns for the summer, his clients will have to pursue legal action once again. Furthermore, he noted they would return to the courts if the government presents legislation that falls short of the water quality and ongoing funding standards laid out in the settlement agreement.
A spokesperson for Minister Gull-Masty did not confirm whether any consultations with First Nations had taken place, but reiterated that providing clean, safe drinking water to these communities is a "top priority" for the government. Jeremy Collard, in an email, stated that the government intends to introduce the legislation on clean drinking water for First Nations by June 19, 2026, the last day before the House of Commons goes on summer break. He mentioned that the development of this legislation is well underway but requires additional time for finalization.
Rosenberg expressed frustration on behalf of his clients regarding a letter sent by Gull-Masty to the chiefs of Curve Lake and Tataskweyak Cree Nations, which was their first engagement on the legislation. He highlighted the need for clear and timely communication, as the communities have been waiting for meaningful engagement in the process. Gull-Masty indicated that she is coordinating with the Prime Minister’s Office on the matter, and the PMO confirmed to The Canadian Press that the government still aims to introduce the legislation before the summer break.
Last summer, Minister Gull-Masty had committed that the new legislation would affirm that First Nations have a human right to clean drinking water. This promise was made following concerns raised by provincial governments in Alberta and Ontario regarding the potential impacts of the legislation on competitiveness and infrastructure project development. The previous bill, known as C-61, which included comprehensive protections and input from First Nations, did not proceed after the last federal election was called.
Despite the previous commitments, there are concerns regarding the current government's approach. Conservative MP and Indigenous Services critic, Billy Morin, has expressed disappointment that Gull-Masty has not effectively championed First Nations interests, stating that her actions continue a pattern of neglect. He criticized the top-down approach of the federal government, suggesting it is leading more First Nations to rely on the courts for fundamental issues such as clean water access.
Currently, data from Indigenous Services Canada shows 40 long-term drinking water advisories are in effect across 38 First Nations communities, predominantly in Ontario. Rosenberg noted the urgency of the situation, highlighting that the failure to pass relevant legislation leaves the most vulnerable communities, especially those in remote areas, at risk of disruptions that can affect their water systems. He advocated for a substantial change in how the government handles these crucial issues to prevent ongoing crises in First Nations communities.
