In summation, it is apparent that First Nations communities in Canada are deprived of their basic human right to clean water. Canada has failed to effectively address the issue as its policies tend to disregard Aboriginal People’s right to safe drinking water. A significant portion of the responsibility falls on the Crown as it is the responsibility of the Canadian government to ensure that all its citizens have equal opportunities and resources. The literature reviews examined in this paper demonstrates that the problem of the water crisis in First Nations communities is rooted from the systematic discrimination that transpired post-colonialism. Consequently, this paper advanced that there is a need to design and implement a new federal policy …show more content…
The Rights-Based Approach was used as a human rights framework to articulate whether the right to water is enshrined in human rights law. The right-based approach identifies the obligation of the Crown and who is entitled to enjoy the right. The legal framework of John Kingdon’s streams model was used to examine existing Canadian legislations on First Nations’ right to water. More specifically, it was used to examine the policy implications around this issue and articulated why First Nations communities do not have the same basic right to clean water as the rest of the Canadian population. Kingdon’s streams model also considered factors that have converged to place the issue of proper water infrastructures in First Nations communities on the government’s agenda. Furthermore, it demonstrated that there is currently a “window of policy opportunity” open for the government to implement Bill S-11. The streams model was adequately used to amplify why the Canadian government should pursue a legislation that acknowledges and provides quality water to First Nations …show more content…
Various scholars have supported this premise as they have concluded that as a nation, Canada, needs to act on its belief without excluding the rights of its citizens. First Nations communities should have quality water guaranteed and provided to them. Water should be considered as an important right because it involves Aboriginal Peoples’ health and safety. A national federal water law would help ensure that at the very minimum that water is a human right that needs to be recognized, protected and readily available to everyone. At the very least, acknowledging water as a human right would be the first steps to combating systemic discrimination. Subsequently, policy entrepreneurs should seek to consult with First Nations to ensure that their voices will be heard equally during the decision-making process that involves the lives of Aboriginal peoples. This issue is of significance because Aboriginal people should be treated as equal members of the Canadian society. Thereby, recognizing and providing quality water to on-reserve First Nations communities will ultimately reinforce Canadian values, justice, and human
Throughout the 1950’s and 1960’s Canada achieves it’s ‘just society” by developing equal and fair rights through collective rights for some of its most affected groups. Canada achieved its goal in becoming a just society by amending the collective rights of the Aboriginals. Since Confederation the Federal
In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of
Canada can be considered one of the most desirable First World Nations to live in however what many people are not aware of is the Third World nation that lives within our borders. Fist Nations people within the Canadian North live in the most extreme poverty often with inadequate access to water due to either a lack or deteriorating infrastructure. The statistics about First Nations water issues are startling and this leads to implications of their quality of life, a disappearing culture and pure lack of serious government intervention. This can be attributed to many things such as Canada’s Aboriginal versus non-Aboriginal and centralists versus decentralists fault lines. If I have learned anything in my life time, it is that people deserve the right to life and that means meeting them at their most basic needs such as providing opportunity in water resources.
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
First Nation Peoples within Canada have been facing many injustices in their homeland since the dawn of colonization. The most unraveling point to First Nation assimilation was the formation of the consequential Indian Act and residential schools resulting in a stir of adversity. As racist ideologies within Canada developed, upheaval against such treatment was undertaken as First Nation communities fought back against government land claims and eradication of treaty rights. In attempt to make amends, proper compensations from the injustices within residential schools have been released and the key for the future is allowing First Nation self-government. Ideals with the intent of ultimate assimilation have been standardized unto First Nation
Townshend describes how Aboriginals view the Canadian government as a foreign government. Furthermore, Townshend disputes the process of assimilation, integrating Aboriginals to the modern Canadian society. The solution is to create a third tier government that would work in cohesion with the Federal and Provincial levels. Different levels of government and the “…sharing of jurisdictional powers between government institutions is already part of the essence of the Canadian state,” (Townshend 39). If Canada is able to increase globalization and trade agreements on an international level, than Canada should not be so unwilling to share jurisdiction with an Aboriginal government.
The substance of this paper will be to discuss the discourse regarding the inequalities facing aboriginal peoples living on reserves in the northwestern corner of Ontario. Inequality is not naturally occurring; poverty is not an innate cultural trait that accumulates at the feet of the marginalized (Schick & St.Denis, 2005, p.304). Stephens, Nettleton and Porter stated in the Lancet (2005) “Aboriginal people in Canada suffer enormous inequalities in health and in accessibility to health
On July 28th 2010, through Resolution 64/292, the United Nations General Assembly explicitly recognized the human right to water and sanitation. They acknowledged that clean drinking water and sanitation are essential to the realization of all human rights. The UN stated that water should be, “safe, sufficient, acceptable [taste, colour, odor], physically accessible, and affordable” (Knight and Hartl, 2003). Water is one of the most important elements to human life. In Canada we are host to about twenty percent of the world’s fresh water (Boyd, 2003). It has a square kilometer measurement large enough to cover both California and Nevada (Matsui, 2012, p. 1). While most Canadians who live in urban areas are free to enjoy safe drinking water, some First Nations communities living on reserves do not (White, Murphy, Spence, 2012). For instance, as of July 2010, 116 First Nation communities in Canada were under a drinking water advisory (Health Canada, 2010), with many of these communities living under advisories for prolonged periods of time. This issue is of vital importance to discuss and evaluate because clean, safe drinking water is a mandated human right. In Canada we have failed to ensure that water on reserves meets that standards set out by the UN.
Section 35 of the 1982 Constitution Act of Canada, recognizes the existing rights of aboriginal people but leaves them undefined. This had led to further debate on the status of Aboriginal rights, and their inherent right to self-government (Henderson, 2006). The following year, the Penner Committee on Indian Self-Government gave recommendations that “First Nations’ right to self-government be explicitly stated in the Constitution, and the federal government recognize a distinct First Nations order of government and work towards implementing self-government” (Hurley, 2009, 1). This report was created by Special Committee of the House of Commons which promoted the creation of legislation to advance aboriginal Indian-government (this report focused solely on Indian self-government, instead of the self-government for all Aboriginal people). This report led to elevating the conversation
about the problem with the water several days before they told the public about it. (In-depth:
“Access to safe water is a fundamental human need and, therefore, a basic human right. Contaminated water jeopardizes both the physical and social health of all people. It is an affront to human dignity.” — Kofi Annan, prior United Nations Secretary-General
To many people, Canada exemplifies a country that fulfills human rights and equality being the country of ‘freedom’. However, the Canadian government has distorted certain information including poverty that impacts many Aboriginal individuals daily. In theory, it is impossible to effectively analysis the impact that the past has imposed on Aboriginal people in Canada today. With this being said addressed below are several important historical government actions and legislations such as the Indian Act, Royal Proclamation, force segregation on reserves, and residential schooling impacting Aboriginal Canadians social conditions today. Fundamentally my goal is to address the idea that historical events are a crucial factor impacting Aboriginal
I write as a concerned citizen to urge you and the Canadian government to support culturally based equity for First Nations children. The Truth and Reconciliation Commission concluded that Canada fundamentally must acknowledge and remedy its unjust treatment of Indigenous peoples. First Nations children are uniquely affected by federal underfunding of services on-reserve. It is unacceptable that the federal government does not provide First Nations children, youth and families with equitable education, health care, child welfare and basics such as clean drinking water.
Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)
The federal government is responsible for the delivery of primary health care services on-reserve as well as for funding the province for programs and services (Lavoie, 2013). Conversely, the province is responsible for primary health care services off-reserve, as well as hospital and physician services. While these jurisdictional boundaries seem to be clear in theory, in practice, they have been proven to be ambiguous and complex, and at times even self-serving (Lavoie, 2013; Kelly, 2011). This has contributed in an alarming burden of illness among First Nations communities that have economic, political and social implications for all Canadians. A study of these ambiguities and complexities as well as their consequences first requires a scan of the historical policies that have led to the current state of affairs in the healthcare of First Nations people.