ERMINESKIN CREE NATION
External Affairs Update:
Safe Drinking Water Litigation
Chief and Council recently decided to proceed with a law suit against Canada over unsafe drinking water at the Ermineskin Cree Nation.
There are several reasons that support this decision. In 2010 Canada conducted an assessment of drinking water at Ermineskin which concluded that the water treatment plant, built in 1970, badly needed replacement. Canada’s assessment also found that most wells at Ermineskin fail to meet drinking water standards. The assessment recommended an investment of nearly $90,000,000 in water systems to ensure safe drinking water.
Canada did not act on its own assessment. In response, in 2014 Ermineskin started a legal action against Canada over safe drinking water. Canada sought to negotiate a resolution of the law suit and drinking water issues. Significant progress was being made in those negations towards new water systems at Ermineskin and compensation for our members for having lived with drinking water issues.
Unfortunately, in February 2024, Canada completely reversed its position in the negotiations refusing any reasonable compensation for Ermineskin and its members.
Ermineskin’s legal action is unique and different from all other law suits over safe drinking water for First Nations, especially the national class action settlement.
Most significantly, our legal action is the only one that seeks to establish the Ermineskin and all First Nations have a constitutionally protected right to safe drinking water based on our Treaty relationship with Canada and our human rights. Ermineskin’s legal action is also very different with respect to compensation.
Canada has saved tens of millions of dollars by refusing to adequately fund needed our water systems, even after Canada’ assessment of water systems at Ermineskin, so we are asking the court to award the money saved by Canada to Ermineskin as compensation.
We are also suing Canada to fully fund the needed water systems at Ermineskin – we will no longer accept half measures and band aid solutions from Canada. Our legal action also seeks fair and just compensation for all Ermineskin members for having lived with substandard drinking water.
The reasons above justify taking action against Canada at this time. However, Chief and Council’s main reason for the legal action is that we will no longer accept the awful drinking water conditions that our people have had to live with.
Over the past decade or so 331 out of about 500 homes at Ermineskin have lived with chronic, frequent, and repeated unsafe drinking water advisories.
We will continue the litigation against Canada until every member of our Nation turns on the tap in their home and does not have to worry about their water.
S. Collin Wildcat, Ec.D
Director of External Affairs and Governance
ERMINESKIN CREE NATION
