Tansi Neyaskweyahk;
I have been requested to prepare this update on the issue of drinking water compensation.
Over the past few months, many Ermineskin members have communicated concerns and questions regarding the issue of compensation from the class action settlement on drinking water issues. The information below is intended to address the most common concerns and questions that have arisen.
Why are Ermineskin members not eligible for compensation from the class action settlement?
Ermineskin started its own legal action against Canada over drinking water in 2014. The class action was filed in 2019 and settled in 2021. Ermineskin was exempted from the class action because class actions cannot interfere with pre-exisƟng lawsuits. Kainai, Sucker Creek, Tsuut’ina and Okanagan Indian Band also started drinking water lawsuits prior to the class action and so were exempted from the class action as well.
However, it is important to understand that even if Ermineskin had not started our own legal action, no Ermineskin members would have been eligible for compensation under the criteria of the class action settlement. This is explained in more detail below.
What if Ermineskin had been part of the class action settlement? The class action does not provide compensation to all First Nation members that ever experienced a drinking water advisory, it is very restrictive:
• Compensation under the class action is only for drinking water advisories longer than a year on water treatment plants from June 20, 2021 to November 20, 1995. There were no drinking water advisories longer than a year on Ermineskin’s water treatment plant during that time period, which means Ermineskin members would not have been eligible for compensation from the class action settlement.
• All drinking water advisories at Ermineskin have been on individual wells. Under the class action settlement, there is no compensation available for drinking water advisories on individual wells. This is another reason why Ermineskin members would not have been eligible for compensation from the class action settlement
Compensation under the class action settlement is only up to $1300 per person for each year of long-term drinking water advisory. The total available compensation nationally for all individuals under the class action settlement is also capped at $1.8 billion. Canada received many more applications for compensation than anticipated. If the total compensation for individuals exceeds the available $1.8 billion, Canada can and will decrease compensation lower than $1300 per person to keep the total compensation below the $1.8 billion cap. As a result, it is very likely that many people across the country will receive lower compensation than expected under the class action settlement.
Why did Ermineskin start its own drinking water action and what are the potential benefits?
Ermineskin’s drinking water lawsuit was filed in response to two problems:
• To force Canada to provide badly needed investment in Ermineskin’s water systems; and
• To address the persistent long-term drinking water advisories impacted Ermineskin wells over the past few decades.
The needed investment in our water systems was our first focus in the negotiations and is almost resolved and will result in tens of millions of dollars in new improvements to our water systems over the next few years. For this reason, Ermineskin’s focus in settlement negotiations with Canada has recently shifted to compensation for the long-term drinking water advisories on household wells at Ermineskin.
Ermineskin’s leadership in 2014 responded to Canada’s shameful underfunding of our water systems with Ermineskin’s own legal action. Leadership’s attention to this issue in 2014 and since then means that Ermineskin is now in a much better position to negotiate compensation for our members than if we had been exposed to the class action settlement. If Ermineskin had not filed its own drinking water action, no compensation would be possible.
What is the status of Ermineskin’s negotiations with Canada?
Ermineskin has recently made significant progress in negotiations with Canada. We expect that in the coming months it may be possible to reach a settlement that addresses compensation for impacted members. As soon as details of a potential settlement are confirmed and clear, Ermineskin will take immediate steps to inform members about the terms of a possible settlement. If the negotiation process is not successful we will continue to pursue Canada on this issue through litigation.
If anyone has any comments or concerns, please contact the External Affairs offices at the Ermineskin Administration building.
Respectfully Yours,
S. Collin Wildcat, Ec.D, Director – External Affairs and Law
ERMINESKIN CREE NATION
