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Minister hesitates on source water protections in upcoming First Nations clean water bill

As pressure mounts on the federal government to finally eliminate long-standing boil-water advisories in First Nations communities, the minister responsible for Indigenous services is stopping short of committing to source water protections in new clean drinking water legislation expected next year.

Indigenous Services Minister Mandy Gull-Masty says the government will not necessarily revive a previously drafted clean water bill in its original form after it died with the calling of the last federal election. The earlier legislation, developed with input from First Nations, would have enabled communities to protect freshwater sources within their territories. Alberta and Ontario opposed the bill, arguing it could hurt competitiveness and delay major projects.

Prime Minister Mark Carney told chiefs at the Assembly of First Nations gathering earlier this month that new clean water legislation would be introduced in the spring. However, in a recent interview with The Canadian Press, Gull-Masty declined to confirm whether the new bill would include the same source water protections or whether she is advocating for them at the cabinet table.

“I don’t want to put aside work that has previously been done — that’s foundational,” Gull-Masty said. “But I do think there has to be a component where you are having that regionalized approach.”

Last summer, Gull-Masty said she intended to reintroduce the legislation and reaffirm First Nations’ human right to clean drinking water. She has since acknowledged the challenge of advancing such commitments following the passage of legislation in June that accelerates approvals for major infrastructure projects and allows cabinet to bypass certain environmental regulations.

Carney campaigned on a promise to quickly improve Canadians’ quality of life, but many Indigenous leaders say progress on their communities’ priorities stalled over the past year. They describe 2025 as a lost year for repairing drinking water systems, reforming child welfare and eliminating tuberculosis in northern communities.

In 2016, the Canadian Human Rights Tribunal ruled that Ottawa’s chronic underfunding of First Nations child welfare services was discriminatory. While the Trudeau government proposed a $47.8 billion reform and compensation package in 2024, First Nations leadership rejected it, citing concerns over time limits and funding reviews.

Ottawa later submitted a revised proposal offering $35.5 billion in funding through 2033-34, followed by $4.4 billion annually, while First Nations leaders pushed for a statutory funding framework co-developed with Indigenous communities.

Gull-Masty said she is balancing legal obligations to the tribunal with calls from communities to design their own solutions.

“I’m not in a position to impose an agreement,” she said. “I want to respect the uniqueness, culture, language and needs of First Nations when it comes to caring for their children.”

Advocates have also criticized Ottawa over a massive backlog of requests under Jordan’s Principle, a policy meant to ensure First Nations children receive timely medical care. The backlog reportedly reached 140,000 cases last year, prompting a tribunal order for the government to submit a plan to clear it.

Child welfare activist Cindy Blackstock has said the backlog reflects a failure to meet obligations to Indigenous children. Gull-Masty says she is seeking a new approach and renewed dialogue with First Nations leaders.

Despite a government-wide push to cut departmental spending by 15 per cent over three years, Indigenous Services Canada’s budget was reduced by just two per cent — a decision Gull-Masty says reflects recognition of Indigenous communities’ unique needs.

Still, Indigenous leaders have criticized the lack of new funding for persistent health challenges, including tuberculosis in the North, and the planned expiration of several programs next year. Inuit Tapiriit Kanatami has warned the failure to renew tuberculosis funding is deeply concerning, with its president arguing previous governments were more responsive.

Gull-Masty said provinces and territories must also play a role in eliminating the disease, which spreads rapidly in overcrowded housing.

“We’ve managed to stabilize the numbers,” she said, “but we still have work to do to bring cases down and eliminate TB altogether.”

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