Water belongs to no one. And it is the responsibility of all. Yet water policy and laws in Canada are a far cry from these principles. Western laws allow water to be pumped, polluted, dammed and commodified. By contrast, the notion that water is sacred is underpinned in Indigenous water laws. That’s why today, on World Water Day, we must reflect on why and how we decolonize water governance.
Unsettling America notes that:
“…decolonization means the revitalization of indigenous sovereignty, and an end to settler domination of life, lands, and peoples in all territories of the so-called “Americas.” All decisions regarding human interaction with this land base, including who lives on it, are rightfully those of the Indigenous nations.”
Decolonization also means living from an Indigenist framework as described by Dr. Lynn Gehl in her book Claiming Anishinaabe: Decolonizing the Human Spirit. She explains that an Indigenist approach has Indigenous knowledge and ways of knowing and being at its core. This approach includes caring for “all of Creation: sky, moon, water, trees, the winged and four legged” among other values. She explains learning and gaining knowledge is done through everyday experience and is “a land-based and community-driven relational process.”
Water is life, as the Standing Rock Sioux tribe and allies reminded us. Water gives life to our bodies, the food we eat, the animals, and the lands on which we live. It nourishes, cleanses and heals us. It is an integral part of economies, both local and beyond.
COVID-19 put a spotlight on the importance of water. As a water activist, I watched the pandemic highlight the inequitable access to water that so many of us had long been pointing to.
The human right to water for First Nations
Beginning March 14, 2022, First Nations and individuals can apply for compensation for harm from unsafe drinking water under the new claims process. The process is part of the class action lawsuit settled with the federal government for $8 billion last year.
Curve Lake First Nation and Neskantaga First Nation filed a class action lawsuit followed by Tataskweyak Cree Nation in 2019. The lawsuits were based on the ongoing Drinking Water Advisories (DWAs) on First Nations reserves. The need for such a class action lawsuit shows a failure to uphold the human right to water in Canada, or northern Turtle Island. It also underscores the systemic racism in water governance.
While the number of DWAs has decreased, there are still close to 60 DWAs in First Nations, long-term and short-term combined. As part of the settlement, the federal government is required to repeal the Safe Drinking Water for First Nations Act by the end of March. The federal government states it will develop replacement legislation, in consultation with First Nations this year. Yet there are strong calls for First Nations led legislation. Any solutions must involve Indigenous water laws.
The state of groundwater in Canada
The lack of clean drinking water underscores the importance of groundwater—this year’s World Water Day theme. Groundwater is the water in cracks, crevices and aquifers underground. It is the only source of drinking water for many people.
Natural Resources Canada states, “Groundwater provides drinking water to about one third of all Canadians and up to 80% of the rural population.” PEI relies entirely on groundwater for its drinking water.
Roughly one third of the earth’s water is groundwater. But a 2015 Canadian-led study found that only six per cent of groundwater worldwide is replenished every 50 years. Groundwater sources are not mapped adequately in Canada.
There are ongoing threats to groundwater across Turtle Island. Ontario Premier Doug Ford issued water taking permits to Triton to pump 4.7 million litres of water per year for five years at Nestle’s previously owned plants. Groundwater is also threatened by other bottled water operations, gravel pit mining like in Tiny Township and other industrial projects.
Oil and gas projects like fracking, tar sands and pipelines continue to pose a significant risk to groundwater and other water sources. Groundwater sources are more vulnerable from drought, flooding and the climate crisis overall.
Western laws treat water as a commodity. Capitalism, neoliberal water policies and ongoing colonization threaten water security for future generations. To uphold these systems, there are violent, militarized responses like those against Wet’suwet’en land and water defenders and allies protecting the Wedzin Kwa (Morice River).
Indigenous water laws reflect world views that hold water sacred and provide inspiring and powerful models for groundwater governance.
The Decolonizing Water project
The Decolonizing Water project is a collective of Indigenous and settler scientists, legal theorists, community members, researchers and students. Their goal is to create an Indigenous-led community-based water monitoring initiative that can be a model of Indigenous water governance.
Co-lead Aimée Craft says, “Talking water teachings, laws, songs, ceremonies and language relating to water can provide an amazing amount of hope in a future generation…decolonizing it allows for that space for communities to find their resurgence and revitalization in their own ways of doing things.”
There will be the Nibi (Water) Gathering in Manitou Api, Bannock Point from May 26-29, 2022.
Indigenous water declarations and laws
There are inspiring water declarations and initiatives that uplift and prioritize Indigenous laws. Treaty 3’s Nibi Declaration recognizes that water has a spirit, that it is sacred and that it unites us. The Declaration sets out powerful principles for (Western) governments and schools.
Other inspiring water declarations include the Secepmec Sacred Water Declaration, the Kitchenuhmaykoosib Inninuwug Watershed Declaration, the Fraser Declaration, and the Assembly of First Nations Water Declaration.
Through its Revitalizing Indigenous Law for Land, Air and Water (RELAW) program, West Coast Environmental Law works with Indigenous nations to revitalize Indigenous laws and legal traditions.
Water as a commons
I worked with activists, residents and communities to protect water including the Great Lakes as a commons, public trust and human right. Maude Barlow explains that water is a commons to be shared, protected, carefully managed and enjoyed by all who live around it.
Barlow continues, “Under a public trust doctrine, private water use would be subservient to the public interest and require the government to protect water for a community’s reasonable use.”
The Great Lakes Commons developed a Charter Declaration. The Council of Canadians, Eau Secours and the Canadian Union of Public Employees began the Blue Communities Project to promote water as a human right and commons. The roughly 30 Blue Communities in Canada are municipalities that recognize water as a human right, ban bottled water and promote public water services.
Water as a legal person
There is a growing movement worldwide to designate waterways as legal persons. Last fall, the MagPie River in Quebec, which has cultural significance for the Innu of Ekuanitshit, was granted legal personhood. The river was designated nine rights such as the right to flow and regenerate. To learn more about the MagPie case, click here.
Waasekom Niin (Edward George) led an initiative to do the same for the Great Lakes in 2018. In 2019, the Chiefs of Ontario passed a resolution designating the Great Lakes as living entities.
Hope in decolonizing water governance
Alongside this work, we also need to do our own work to (re)create our relationship with waters outside of a colonial, capitalist system. This can mean understanding the sacredness of water – in our bodies and in ecosystems. For settlers this can also mean, understanding our and our ancestors’ relationships to colonization.
I have worked with many inspiring water activists, community members and grassroots groups who support Indigenous water defenders and work to uplift Indigenous water laws. It is our best hope for protecting water for tomorrow’s generations.
March 23, 2022, Editors Note: Originally, this article attributed a quote by Unsettling America to Dr. Lynn Gehl; this was incorrect, and the article has been updated.
Support rabble today!
We’re so glad you stopped by! Thanks for consuming rabble content this year.
rabble.ca is 100% reader and donor funded, so as an avid reader of our content, we hope you will consider gifting rabble with a donation during our summer fundraiser today.
Whether it be a one-time donation or a small monthly contribution, your support is critical to keep rabble writers producing the work you’ve come to rely on as a part of a healthy media diet.
Become a rabble rouser — donate to rabble.ca today.
Nick Seebruch, editor
