Bill C-37 looks to address long-term drinking water advisories in First Nations
First Nations clean drinking water legislation tabled this week in the House of Commons is drawing criticism from leaders for its removal of key protections.
First Nations leaders say it highlights how reconciliation no longer seems to be a priority in Prime Minister Mark Carney's "Build Canada Strong" economic agenda.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak told CBC News there are "red flags" in the new bill.
"This government is continuing a troubling shift from the explicit recognition of First Nations rights towards provincial priorities," she said.
Bill C-37 looks to address long-term drinking water advisories in First Nations.
Its predecessor, the Trudeau-era Bill C-61, recognized First Nations' human right to have access to clean drinking water. Bill C-37 says it will "further the progressive realization" of that human right.
Other changes include weakening source water protection including a voluntary agreement process for provinces to protect source waters flowing into First Nations communities.
Bill C-61, which was co-developed alongside First Nations leaders, died on the House floor when the government was prorogued in early 2025.
Alberta and Ontario opposed it for fear it would undermine resource development.
Carney promised leaders at the Assembly of First Nations Special Chiefs Assembly in December to introduce a new water bill in the spring but leaders say it doesn't prioritize First Nations' concerns.
"Unlike previous legislative efforts, which were developed through meaningful dialogue and partnerships with First Nations knowledge keepers, technicians, Bill C-37 was introduced without broad or meaningful input by First Nations," said Anishinabek Nation Grand Chief Linda Debassige at news conference hosted by the Chiefs of Ontario.
Anishinabek Nation represents 39 First Nations in Ontario.
Conservative MP and Indigenous Services critic Billy Morin said the Liberal government's wait until the end of the session to introduce the clean water bill has been disappointing.
"First Nations got to wait all summer just for them to have a break to get back to this conversation after six years of broken promises," Morin said.
Indigenous Services Minister Mandy Gull-Masty said it took time to consult with First Nations, levels of government and stakeholders.
"Really going and digging into six years of consultation is not something that I would have felt comfortable analyzing and rushing through," she said.
Gull-Masty said the changes in the bill were there to make it harder to challenge, particularly by provinces.
"I also think that right now, the space and the time that we're in as a country, it is essential to have provinces and territories work with us," Gull-Masty said.
Morin said he's been frustrated with the Liberals stalling on other legislation on its Indigenous agenda, including Bill S-2.
The bill was introduced last May to address inequities in registration under the Indian Act relating to enfranchisement.
The Senate added an amendment to eliminate the "second-generation cut-off" that prevents Indian status from being passed down to children after two generations of only one parent with status.
The bill is currently stalled in the standing House committee after Liberals said more consultation is required.
"We've gone through a lot of testimony," said Morin.
"I think we're done talking about this. We've made all the points, and so it's time to move the motion and get this going."
According to data collected by Senator Paul (PJ) Prosper, over 500 individual First Nations communities have expressed their support for Bill S-2 as amended, as well as an additional 26 First Nations organizations, and over 10,000 signatures on an e-petition.
"That is why I find it baffling that the government continues to delay on the basis of needing more consultation," Prosper said in a news conference on June 11.
Zoë Craig-Sparrow, vice-president of Justice for Girls, a non-profit advocating for girls' rights, has been advocating for passage of Bill S-2 as amended by the Senate.
Craig-Sparrow, who is a member of the Musqueam Indian Band, said the second-generation cut-off would impact her future children with her fiancé.
"Unfortunately my children, as it stands, they will not have status and they'll be the end of my line for me and my family, and that's really hard to live with right now," Craig-Sparrow said.
Craig-Sparrow said she's "disappointed but not surprised" to see the bill delayed.
"This is a pattern that we have seen from the government for decades, for generations," she said.
Gull-Masty told CBC Indigenous that it is important to consult with those nations who don't agree with the amendment to remove the cut-off.
"There's been a lot of information that has been shared in this space but why would I lower the standard of the duty to consult?" she said.
"I can't do that."
The House is expected to break for summer on Friday.
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By: Joy SpearChief-Morris
Assembly of First Nations (AFN) National Chief Cindy Woodhouse Nepinak slammed the federal government’s proposed legislation regarding clean drinking water for First Nations in her opening remarks at the AFN annual general assembly on July 14.
OTTAWA - First Nations leaders and an opposition MP are denouncing the Carney government’s new proposed clean water legislation, which drops wording in a previous version that would have explicitly recognized First Nations’ right to clean drinking water.
There were impassioned speeches from First Nation chiefs, councillors, community members and activists as the focus on day one of the AFN’s annual general assembly turned to federal clean drinking water legislation.