UN expert finds 'flagrant breaches' of First Nations rights to clean water

Canada's failure to provide First Nations with clean drinking water constitutes a flagrant human rights vi‐ olation, the United Nations special rapporteur on the right to water and sanita‐ tion says.

The official, following a whirlwind formal Canadian tour, expressed a litany of concerns in a preliminary re‐ port delivered verbally on Friday in Ottawa.

"I finish this almost twoweek visit with mixed feel‐ ings: admiration but also frustration and even indigna‐ tion," Pedro Arrojo-Agudo told reporters at the Lord El‐ gin hotel.

"I have witnessed the marginalization of First Na‐ tions on reserves, where in many cases the human rights to drinking water and sanita‐ tion are not respected."

Arrojo-Agudo's brisk tour of Canada included stops in

Ontario, Nunavut, British Co‐ lumbia and Alberta. He met with government officials, civil society groups, Indige‐ nous people and others in Ottawa, Iqaluit, Toronto, Fort McMurray, Alta., Vancouver and Smithers, B.C.

The visit was eye-opening for Arrojo-Agudo, a physicist, economics professor, winner of the Goldman prize for en‐ vironmental activism and former member of the Spanish parliament.

He was appointed to the UN post in 2020 as an inde‐ pendent expert tasked with studying and reporting on human rights.

He said Canada is general‐ ly perceived as a democratic rights-upholding country, so he found it troubling to re‐ ceive reports of criminaliza‐ tion of First Nations people opposing natural resource projects on their land.

"I'm sadly surprised by this criminalization of Indige‐ nous river defenders which [will likely] damage Canada's international reputation," he said.

Arrojo-Agudo's findings weren't all bad, however, and he did offer Canada some praise.

He said the Truth and Rec‐ onciliation Commission, the House of Commons' unani‐ mous agreement that geno‐ cide occurred at residential school, and the passage of legislation on the UN Decla‐ ration on the Rights of In‐ digenous Peoples together provide a benchmark for in‐ ternational leadership.

Long-term advisories 'highly significant'

But nevertheless, the official reported evidence of human rights violations and cause for concern.

In particular, he said the term "drinking water advi‐ sories" to describe the nonavailability of safe drinking water in First Nations com‐ munities is concerning.

"It is highly significant that First Nations reserves are af‐ fected by what are called drinking water advisories, or long-term drinking water ad‐ visories, which are nothing more than flagrant breaches of the human right to safe drinking water," he said.

"The extended and fre‐ quent unavailability of potable water - not in Cana‐ da, everywhere, for any rea‐ son - signifies a violation of human rights."

In 2015, while running for prime minister, Justin Trudeau promised to ensure all First Nations had access to potable water by spring 2021, a deadline he missed by a wide margin.

Indigenous Services Minis‐ ter Patty Hajdu's office re‐ sponded to the rapporteur's findings in a statement to CBC Indigenous.

"A lot more work still must be done so that all First Na‐ tions have access to clean drinking water. Decades of discriminatory funding will not be undone overnight, but there is progress," wrote spokesperson Jennifer Kozelj.

"In 2015, 105 long-term water advisories were in place. This Liberal govern‐ ment increased funding by 150 per cent in water infra‐ structure and today, 28 advi‐ sories remain with a plan in place to lift them all."

Arrojo-Agudo acknowl‐ edged the government is making progress and lauded the tabling of First Nations water legislation, but he said the right to clean water still must be enshrined in federal and provincial law.

He said the Canadian state has historically forced First Nations to live in harsh conditions on reserves, meaning the government is obliged to provide clean wa‐ ter and adequate sanitation that meets national stan‐ dards.

The official also cited the mercury poisoning of Grassy Narrows First Nation in northern Ontario, Neskan‐ taga First Nation's nearly 30year boil-water advisory, oil pollution of waterways in Al‐ berta and persecution of Wet'suwet'en and Secwepemc peoples in their unceded territories.

He declined to answer di‐ rectly when asked if Ottawa's efforts to provide clean water to First Nations are sufficient.

In a news release, he urged Canada to step up ef‐ forts to eliminate discrimina‐ tion and marginalization of Indigenous people and fully uphold water rights for all.

Arrojo-Agudo is slated to present a full report to the UN's human rights council in September.