First Nations haven’t been consulted on clean drinking water legislation: lawyer

OTTAWA — A lawyer who represented First Nations in a class-action lawsuit against Ottawa says his clients still have not been consulted on promised clean drinking water legislation — even though the lawsuit settlement directed the federal government to work with First Nations to develop the legislation.

Michael Rosenberg, who represented some 260 First Nations in the class action settled in 2021, said those communities are being shut out by Indigenous Services Minister Mandy Gull-Masty and have not seen a draft of legislation meant to ensure those same First Nations have access to clean drinking water.

“It’s just completely unacceptable to our clients that they’re left in this vacuum where there’s nothing that actually governs water on-reserve, and there hasn’t been for some time,” Rosenberg told The Canadian Press.

He said that if the legislation doesn’t land before Parliament rises for the summer, his clients “are going back to the courts.”

They’ll also bring the federal government back to court if it tables legislation that falls short of the standards for water quality and ongoing funding outlined in the settlement agreement.

“They really have no choice, given the lack of engagement by the federal government,” he said.

A spokesperson for Gull-Masty did not say if the government conducted consultations, but said ensuring that clean, safe drinking water is available in First Nations communities is a “top priority” for the government.

“That’s why we intend to introduce legislation on clean drinking water for First Nations in the spring of 2026. We’re working carefully to make sure the legislation is strong, effective and reflects the needs of communities,” Jeremy Collard said in an emailed statement.

In a May 8 letter to the chiefs of Curve Lake and Tataskweyak Cree Nations, Gull-Masty wrote that the legislation will be introduced no later than June 19 — the day the House of Commons rises for the summer break.

“This work is well advanced; however, additional time is required to finalize the bill,” she wrote.

Rosenberg said that letter frustrated his clients because it was the minister’s first engagement with them on the legislation.

Gull-Masty said last week she is “co-ordinating” with the Prime Minister’s Office on the legislation.

The PMO told The Canadian Press the government still intends to introduce the legislation before the House of Commons rises for the summer break.

“We know this work is essential. We know it is absolutely imperative that we support in that infrastructure space,” Gull-Masty said last week.

“Water, to me, is a non-partisan issue. It is there to offer the service to First Nations, and they live in every single riding.”

The Canadian Press also has learned Gull-Masty has scheduled meetings with some First Nations leaders in the coming days to discuss the water legislation.

The federal government already blew past one of its own deadlines when it failed to introduce the legislation in the fall.

A previous bill, known as C-61, was introduced by Patty Hajdu when she was Indigenous services minister under Prime Minister Justin Trudeau in 2023.

The legislation, which went beyond what was required in the settlement, included an option for sourcewater protections and recognition of First Nations’ human right to clean drinking water.

That bill, which was drafted with input from First Nations, died when the last federal election was called.

Gull-Masty vowed last summer the new bill would affirm First Nations have a human right to clean drinking water.

That promise came in response to concerns raised by the provincial governments in Alberta and Ontario, which argued that the legislation as written would undermine competitiveness and delay major project development.

She did not explain how the new bill will affirm the right to clean water after the passage of legislation in June that speeds up the approval timeline for major infrastructure projects and gives cabinet the ability to sidestep some environmental laws.

She has not committed to ensuring sourcewater protections are included in the new legislation and has not said if she’s advocating for that around the cabinet table.

Conservative MP and Indigenous Services critic Billy Morin told The Canadian Press he had hoped the minister, as a Cree woman, would have been working to bring positive change to the department.

Morin, who previously served as chief of Enoch Cree Nation, said Gull-Masty is instead continuing a pattern of ignoring First Nations.

“What we have is continued government rhetoric, Ottawa top-down approach that is forcing more First Nations to use the courts to be heard on fundamental human necessities like identity and clean water,” he said.

“Both me and the minister come from the rez. I was hopeful that she would bring that shared unique perspective to the ISC file, to make change.”

There are 40 long-term drinking water advisories in place in 38 First Nations communities, according to data from Indigenous Services Canada. Most of those advisories are in Ontario.

“The idea from that settlement agreement and from Bill C-61 was that there would be a radically different way of doing business that would hopefully prevent these catastrophes from continuing to materialize in First Nations communities,” Rosenberg said.

“Insofar as that legislation hasn’t yet passed, it really does leave the most vulnerable First Nations — particularly remote First Nations — wholly exposed to any number of calamities that can take a water system off-line. There’s urgency to this, and certainly there’s frustration on the part of our clients.”

This report by The Canadian Press was first published May 31, 2026.

Alessia Passafiume, The Canadian Press