Pikangikum First Nation takes federal government to court over lack of water, wastewater infrastructure

When Paddy Peters visits his wife's grave, he says he thinks about her battle with cancer and the unique challenges she faced compared to patients in southern Ontario.

The chief of Pikangikum First Nation, a remote Ojibway community more than 500 kilometres northwest of Thunder Bay, has no running water in his home.

"She had to endure going outside to the outhouse when she was sick," said Peters. "My wife passed away without ever seeing running water in our house."

Peters was first elected into office when he was 30 years old. He turns 69 in a few weeks and said his community is dealing with the same infrastructure challenges as when he started.

"It really just annoys me as a leader, why the same issues are still on the table in regards to water and wastewater services in my community," Peters said.

Last week, Pikangikum declared a state of emergency over ongoing challenges with its water and wastewater infrastructure.

The First Nation also announced it's taking the Government of Canada to Federal Court, seeking $2 billion in damages and $200 million in emergency relief for urgent repairs at its water treatment plant.

"We need immediate action that can't wait another 30 years," Peters said. "I don't think I'll be alive in 30 years. I want to be able to see safe, clean drinking water."

The case comes as First Nation leaders across Canada advocate for the First Nations Clean Water Act to be pushed through Parliament in the first 100 days of the government's new term.

The legislation, introduced in December 2023, aims to protect fresh water sources, create minimum national drinking water and wastewater standards, and deliver sustainable funding for maintaining water quality in First Nations.

I don't think I'll be alive in 30 years. I want to be able to see safe, clean drinking water.- Chief Paddy Peters, Pikangikum First Nation

About 4,000 people live in Pikangikum. Its most recent drinking water advisory, which remains in effect, was issued in February 2024.

Before this, advisories were in place between October 2000 to July 2002 and from October 2005 to September 2019.

"Pikangikum has been forced to declare states of emergency in 2000, 2011 and 2015, all due to the lack of potable or running water," the community said in a news release issued Thursday.

Pikangikum is being represented by Howie, Sacks and Henry LLP alongside co-counsel at Headwaters LLP and Phillips Barristers.

A case conference has been scheduled for May 26, when a timetable for the case will be determined. After that, the motion will be officially accepted by the Federal Court, said Paul Miller, a partner with Howie, Sacks and Henry LLP.

The statement of claim, obtained by CBC News, argues the federal government has violated Pikangikum's constitutional, Charter and treaty rights by failing to ensure adequate access to potable water, as well as sewage and fire prevention systems.

"They want to be treated like citizens of Canada. That's the bottom line," said Miller. "You would never have people in southern Ontario living this way."

In a emailed statement to CBC News, a spokesperson for Indigenous Services Canada (ISC) outlined past initiatives in Pikangikum, and said the Government of Canada "respects the choice of First Nations, including Pikangikum First Nation, to seek the Court's assistance on the important issue of safe drinking water."

'It comes down to equity'

None of Pikangikum's more than 500 homes have access to running water. The community's water treatment plant only services the school, nursing station, band office and a handful of government buildings, said Peters.

There's a pumphouse by the lake, and the community recently discovered only one of the three pumps is working, he explained. 

"It doesn't pump enough water to the water treatment plant at the reservoir inside … and it also doesn't produce enough pressure," Peters said.

Meanwhile, there is only one functioning access point where people can get drinking water within the community. Otherwise, they have to fill buckets at the lake, buy bottled water at the Northern Store or fly 100 kilometres south to Red Lake to buy cases in bulk.

"Given that we are not producing sufficient, clean water, community members are forced to self-regulate how much water they are using," said Carolina Budiman, senior health project manager for the Pikangikum Health Authority.

This impacts everything from cooking and bathing to doing laundry.

The community's nursing station has seen a number of waterborne-related illnesses, particularly eczema and other kinds of skin infections, she said.

During the E.coli crisis in Walkerton, Ont., in 2000, Pikangikum also saw an E.coli outbreak, which resulted in one woman needing her arms and legs amputated, said Peters.

"They pumped in money, resources to help that situation in Walkerton, but up here we had the same situation," he said. "It seems to me they didn't take notice what happened here."

Since then, many community members have lost trust in Pikangikum's water treatment plant, he added.

The low water pressure also impacts Pikangikum's capacity to put out fires.

"We have one fire hydrant, but it only works if everything else shuts down," said Budiman.

The impact on the community's mental well-being has been well-documented in studies about its high suicide rates over the years.

"What we're talking about here is not only mental, physical, emotional effects of not having access to water, what we call in the outside world social determinants of health, but it really is about lifestyle and your outlook about the world around you," she said.

"It comes down to equity. It comes down to why [do] urban-based, southern-based communities have access to water and we don't?"

Indigenous Services Canada responds

CBC News received an emailed statement on Friday from ISC spokesperson Eric Head, saying the department spent more than $700,000 to help Pikangikum conduct a water and wastewater feasibility study.

The final draft report was shared with ISC in November, he said, and "outlines a path forward to address the community's long-term water and wastewater needs."

"The study also identifies the need for interim upgrades to respond to more immediate health and safety concerns," said Head.

Between 2015-2016 and 2024-2025, he said ISC has spent $10.1 million to support the community with: 

• Operations and maintenance (including salaries for operators, chemicals, replacement parts, heating, fuel and electricity etc.) of the water and wastewater facilities.
• The purchase of two sewer trucks and one water truck.
• Professional services related to water and wastewater operations.

"ISC remains ready to discuss next steps with Pikangikum leadership, and partners, to advance both immediate and long-term solutions that meet the needs of current and future generations," he said.

'They deserve clean drinking water'

There have been many studies and reports done on Pikangikum's water and wastewater infrastructure over the years, Peters said. He held up a feasibility study he says dates back to 2020 — a manual about 12 centimetres thick.

In the time it's taken to write and review these assessments, he says his community could have had a solution.

His hope is that the litigation against the federal government spurs more urgent action.

Peters said he made a promise to his late wife at her grave.

"Her name was Penny. I told her, 'Penny, we're gonna win this fight. We're gonna win this battle, for our grandkids, for our great grandkids.

'"They deserve clean drinking water. My people deserve clean drinking water.'"