Manitoba First Nation under 6-year boil water advisory taking feds to court over funding for treatment plant

The chief of a northern Manitoba First Nation that has been under a boil water advisory since 2018 says he's frustrated by a lack of action from the federal government on funding upgrades to its water treatment plant — an issue the First Nation is taking to Federal Court next month.

Shamattawa First Nation's boil water advisory stems from an issue that peaks during the spring, when the ice clogs the treatment plant's intake line, resulting in brown, contaminated water pouring from people's taps. 

Chief Jordna Hill said an end to the boil water advisory is "nowhere in sight," and it has significant effects on the well-being of people in the community of nearly 1,500. 

"Our youth and people deserve to live a good life, and Canada doesn't even see us as worthy of having safe drinking water," Hill said during a news conference in Winnipeg on Wednesday. 

"I'm pissed off. I'm tired because of all the stuff I'm trying to accomplish for the community and I'm getting dragged down for the government not meeting our needs," he said.

"This crisis is because of Canada's mismanagement and chronic underfunding."

Shamattawa First Nation launched a class-action lawsuit against the federal government in September 2022 alleging Canada has breached its obligations to ensure First Nations have access to clean drinking water on reserves, said Alana Robert, a lawyer with McCarthy Tétrault LLP, at Wednesday's news conference.

That class action has now been certified and includes 59 other First Nations across the country with long-term drinking water advisories. In addition to compensation, the legal action calls for funding to build water infrastructure systems on reserves in Canada, including ongoing operational and maintenance costs, she said. 

In early October, a motion for a summary judgment will be heard at Federal Court in Ottawa, asking the court to recognize that First Nations people have the right to safe drinking water, Robert said. 

"The goal is to really do what it takes to ensure that Canada upholds its responsibility to First Nations and puts in the required investments needed to do so," she said.

The water advisory affects 160 homes in Shamattawa and 14 community buildings, according to Indigenous Services Canada. 

Shamattawa's water treatment plant was built in 1999, and "is in operation, but at times it does nearly pump raw river water through the tap," said Robert.

At other points, because of the intake issues, "the water system actually fails entirely, and they'll have a water outage in the community sporadically throughout the year."

Conditioning tests have not been completed on the facility, which are required to ensure the upgrades have been successful and the water will be safe for people to use, said Robert.

Repairs that began in 2021 were expected to allow the community to lift the boil water advisory last year, an Indigenous Services Canada spokesperson told CBC in late 2022. 

However, a federal government website says that while the repairs to the existing water treatment plant and distribution system were completed, they were unsuccessful due to local and technical issues that delayed the project. 

The federal government did not immediately reply to CBC's request for comment on Wednesday.

There are currently 31 long-term drinking water advisories in 29 First Nations communities across Canada, Indigenous Services Canada says on its website. 

Shamattawa First Nation is among four First Nations communities in Manitoba affected by long-term drinking water advisories. The others are Mathias Colomb, Tataskweyak Cree Nation and Tootinaowaziibeeng Treaty Reserve.

Dennis White Bird, who spoke at Wednesday's news conference on behalf of Assembly of Manitoba Chiefs Grand Chief Cathy Merrick, said AMC supports Shamattawa First Nation in its fight for clean drinking water. 

"It is deeply concerning and unreasonable that thousands of First Nations people continue to live without access to safe drinking water," White Bird said.

"If Shamattawa First Nation's six-year drinking water advisory were in Winnipeg or Ottawa, Canada would act immediately to ensure residents had clean drinking water. So why is this same urgency and respect not extended to First Nations people?"