Indigenous Services Minister Mandy Gull-Masty is defending the current version of the First Nation Clean Water Act, saying she’s “always going to listen” to feedback, but that the bill as written is the best path forward. 

National and regional First Nations groups are calling for amendments that would restore stronger rights and source protection language from an earlier draft — concerns shared by Anishinabek Nation Grand Chief Linda Debassige, who helped negotiate the previous clean water bill.

She described the version tabled this week as being “watered-down.”

READ MORE: Ottawa softens water-rights language in First Nations bill to help it ‘stand the test of time’

The bill’s predecessor, Bill C-61, explicitly recognized clean and safe drinking water as a human right for everyone on First Nations land. The Carney government’s version drops that language, replacing it with a commitment to advance “the progressive realization of the internationally recognized human right to safe drinking water on First Nation lands.”

Addressing the Chiefs of Ontario, Debassige said the softer language on rights “is a slap in the face.” 

“I may be cynical, but I think the use of that language, ‘progressive realization,’ is an excuse to continue to delay,” she said. 

There are currently 36 First Nations active long-term drinking water advisories in Canada, in addition to almost as many short-term advisories. Advocates have been demanding enforceable federal legislation to guarantee reliable access to safe drinking water for years.

Debassige also accused the federal government of being “risk-averse” on the language for source water protection, and directly linked that to other pieces of legislation to fast-track project development. 

“To me, this bill is really a protectionist bill for [Canada], and perhaps it’s the Department of Justice that truly runs this country,” she said. 

Gull-Masty said she understands where Debassige is coming from, and she will ensure that she understands her position as minister. 

“I looked at the bill, I looked at the political landscape, and I felt this is the strongest pathway forward to offer something that is going to go through the parliamentary process successfully,” she said.

The bill’s revised wording also comes as Ottawa appeals a Federal Court ruling that found Canada has a legal duty to ensure First Nations have access to safe drinking water, stemming from a class action led by Shamattawa First Nation. 

Asked to comment on the legal risk for Ottawa, Gull-Masty tells iPolitics “I’m not really there to comment on what legal advisors or representatives are thinking it means.”

Gull-Masty said the bill would secure federal investments, pointing to a $4.6 billion commitment tabled this week. But Debassige wasn’t swayed.

“Perhaps this government needs to stop with this carrot and stick approach to convince us that something is good enough,” Debassige said. 

The Assembly of First Nations is hosting a virtual meeting next week to co-ordinate the response on the proposed bill. National Chief Cindy Woodhouse Nepinak says amendments are required and is encouraging Indigenous leadership to prepare feedback.