The recent introduction of legislation focusing on clean drinking water for First Nations communities in the House of Commons is facing criticism from Indigenous leaders due to concerns about reduced protections. Leaders are expressing disappointment over what they perceive as a shift away from prioritizing reconciliation in Prime Minister Mark Carney’s economic agenda called “Build Canada Strong.”
Assembly of First Nations National Chief Cindy Woodhouse Nepinak has pointed out what she sees as problematic aspects in the newly proposed Bill C-37. She noted that the government appears to be moving away from explicitly recognizing First Nations’ rights in favor of aligning more closely with provincial interests.
Bill C-37 aims to tackle ongoing drinking water advisories affecting First Nations communities. While its predecessor, the Trudeau-era Bill C-61, acknowledged the human right of First Nations to access clean drinking water, Bill C-37 emphasizes the “progressive realization” of this right without the same level of protection.
Among the changes in the new bill is the weakening of source water protection, with provisions for provinces to voluntarily safeguard source waters flowing into First Nations territories. Bill C-61, which had been collaboratively developed with Indigenous leaders, did not progress further when the government was prorogued in early 2025, facing opposition from Alberta and Ontario over concerns about potential impacts on resource development.
Despite promises made by Carney to introduce a new water bill in the spring, Indigenous leaders argue that the current legislation does not adequately address the concerns of First Nations communities. Anishinabek Nation Grand Chief Linda Debassige emphasized the need for more engagement with Indigenous leaders in the development of such legislation.
Conservative MP Billy Morin, who serves as the Indigenous Services critic, expressed frustration over delays in advancing other Indigenous-related bills, such as Bill S-2, which seeks to address registration inequities under the Indian Act. The bill, which includes an amendment eliminating the “second-generation cut-off,” is currently stalled in the standing House committee as the government calls for further consultations.
Meanwhile, Indigenous Services Minister Mandy Gull-Masty defended the time taken for consultations with various stakeholders and levels of government, emphasizing the importance of ensuring the bill’s provisions are robust and less susceptible to challenges. However, Morin and other critics argue that the delays in advancing key legislation affecting Indigenous communities are unacceptable and call for urgent action.
The ongoing debates surrounding these bills underscore the complexities and sensitivities involved in addressing Indigenous rights and the need for meaningful engagement and collaboration with Indigenous communities.