Northern Manitoba First Nations gather evidence for drinking-water lawsuit

Manitoba Keewatinowi Okimakanak Grand Chief Sheila North Wilson says she will file a lawsuit against the federal government unless the Liberals live up to their election promise and improve drinking water on reserves in northern Manitoba.

"We're gathering evidence to form an argument that would hold up in court to get clean water supplied and, of course, readily available to our First Nations in the MKO territory," she said.

Liberal Leader Justin Trudeau promised during the election campaign to end boil-water advisories on First Nations in Canada within five years.

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North Wilson is part of a working group looking at the health and legal ramifications of bad drinking water in remote communities. The loose partnership includes academics at the University of Manitoba and staff members at the Public Interest Law Centre in Winnipeg.

Using evidence contributed by community members and data gathered by scientists, the team believes there are sufficient arguments based in both common law and the Canadian Charter of Rights and Freedoms to launch a suit.

"There's been a collective effort … a hard-nosed look at the acute health issues related to the lack of clean running water on reserve and in remote communities … as well as the potential legal mechanisms to achieve redress," said Byron Williams, director of the Public Interest Law Centre.

Such a lawsuit might resemble an Alberta case launched last year in which four First Nations — Tsuu T'ina, Ermineskin, Sucker Creek and Blood — sued the federal government over contaminated drinking water. 

North Wilson hopes it doesn't come to that in Manitoba, but said she wants to be prepared if negotiations with federal representatives sour.

"With the commitments made by this new Liberal government, we're certainly hopeful it doesn't have to get that far," she said.

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More than half of Manitoba's 63 First Nations communities have been under at least one drinking water advisory since 2004, according to data from Health Canada.

"It's inconvenient, it's unsafe, and it shouldn't be this way in the year 2015, where people have to rely on services that are not consistent with other communities," she said.

Lawsuit would be expensive, lengthy

North Wilson said she plans to work with the federal government for now, but she's serious about seeing an improvement. MKO has been working on this issue since 2010, she said.

"I'm not saying we're in conflict ... all I'm saying is that we have enough evidence and we're gathering more to support a possible claim."

North Wilson wants to avoid a lengthy lawsuit and instead hopes public pressure on the government will be enough to see the feds live up to their pledge and, she argued, their responsibility.