The Honourable John Duncan Minister of Indian Affairs and Northern Development House of Commons Ottawa, ON K1A 0A6 Dear Minister Duncan, I am writing to express my opposition to Bill S-11 – An Act respecting the safety of drinking water on first nation lands. I am greatly concerned about the Conservative government’s decision to move forward with this initiative despite the fact that many First Nations citizens throughout the country were not consulted during its development. This legislation will have a direct impact on First Nations citizens and communities and, should it pass into law, it will be unilaterally imposed by the Canadian government. I am also concerned that this Bill will impose standards on First Nations governments that cannot be met due to the lack of adequate infrastructure funding provided to them by Indian and Northern Affairs Canada. I am extremely concerned that the bill could open the door to water privatization in First Nation communities. Subsection 4. (1)(c)(iii) provides the Canadian government with the power to force a First Nation community to allow a private, for-profit entity to build, operate and/or manage its drinking water services. Canada and the European Union are currently negotiating the Comprehensive Economic and Trade Agreement (CETA). Drinking and sanitation services are being negotiated. If drinking water is included in CETA, the private sector will have the ability to enter First Nations as owners and operators of water and wastewater facilities due to a lack of infrastructure, resources and training within First Nations. CETA and Bill S-11 combined could prevent First Nations from building, owning and operating their own water systems. Several clauses in Bill S-11 are inconsistent with the UN Declaration on the Rights of Indigenous People, which Canada endorsed last November. In developing Bill S-11, many First Nation communities were not consulted and the Bill does not require consultation in developing regulations on safe drinking water for First Nation communities. Also of great concern is the fact that the Bill stipulates that any regulations developed under Bill S-11 would prevail over any law or by-law of a First Nation. I feel this demonstrates a deeply ingrained paternalistic attitude, held by the Federal Government, towards the First Nations in this country. Clean water is a basic human right that many First Nations do not enjoy. This fact has been brought to Canada’s attention time and time again through numerous studies and reports. On July 28, 2010, the UN General Assembly unanimously passed a resolution recognizing the right to safe and clean drinking water and sanitation. On September 30, 2010, the UN Human Rights Council passed a second resolution recognizing the right to water and sanitation. The UN Independent Expert on human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque, noted the significance of the HRC resolution and said that "this means that for the UN, the right to water and sanitation is contained in existing human rights treaties and is therefore legally binding.” However, the current government’s proposed legislation does not address the real challenge of lack of funding nor does it reflect recommendations from First Nations. I THEREFORE ASK YOU TO WITHDRAW BILL S-11. I demand that the Canadian government alongside First Nations in Canada develop legislation that includes the following: - Explicit funding commitments and roles. - The right of First Nation communities to build, own and operate their own water systems. - Clear liabilities and responsibilities for governments and private companies. - A clause on free, prior and informed consent on any decisions affecting water systems should be included. Sincerely,

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