Nation brings suit; says Canada negligent over drinking water

The Okanagan Indian Band (OKIB) filed a lawsuit today against the federal government over its failure to ensure the safety of drinking water. 

“The federal government has put the lives of our people at risk,” said Chief Byron Louis.

The drinking water systems at OKIB, constructed since the 1970s, rely on groundwater wells that supply untreated water to hundreds of homes, explains a press statement from OKIB. The wastewater from those homes goes to individual septic fields which may be contaminating groundwater. 

The Nation said an expert assessment commissioned by the federal government in 2010 ranked the systems 8 out of 10 on a scale of potential risk to human health.  Fecal coliforms are a significant source of contamination.  A joint water management study from 2017 estimated the cost of upgrades at $45 million.  The largest drinking water system at OKIB is under a do not consume order.

After 9 years of determined and good faith efforts on the part of the OKIB, the federal government has made upgrades to only 1 of 7 systems, reads the statement.

“We have lost faith in a system that I would characterize as negligent… The federal government is simply not serious about safe drinking water for First Nations communities. Our frustration is felt across our community and likely across the country by other First Nations.  We have to act,” said Louis.

“We are concerned that it will take a crisis like a death or sickness from contamination before the federal government takes any action – other than constant delay. This is unacceptable in a developed country. It's really an issue of equality. If you can turn on the tap in Kelowna and not worry the water is safe, it should be the same in our community.”

The suit asks for confirmation that First Nations have the same access to safe drinking water as other Canadians. That would compel the federal government to ensure water infrastructure that meets safety standards – with a timeline. 

“It’s a health and equality issue – one that the federal government can’t ignore any longer,” the chief said.