Six Nations of the Grand River, Canada’s largest First Nation, has filed a lawsuit against the federal government over unsafe and inadequate water systems affecting its reserve. The community is demanding immediate action to address the issue and is seeking at least $25 million in compensation.
Located in Ontario’s Greater Golden Horseshoe region, home to millions with access to clean municipal water, Six Nations faces a significantly different challenge. Only 30 percent of the 13,000 residents are served by a modern water-treatment facility.
The remaining 70 percent depend on unmonitored wells and cisterns, which have been found to contain harmful bacteria and contaminants, according to the legal claim filed in Ontario Superior Court.
The lawsuit states that this contamination has led to physical health issues, including gastrointestinal illnesses, skin infections, and respiratory problems. The case has yet to be tested in court, and the federal government has not responded to the claim.
“Everyone in Canada should have access to safe and clean drinking water,” stated Jacinthe Goulet, a spokeswoman for Indigenous Services Canada. She added that the government respects Six Nations’ decision to seek the court’s intervention on this critical issue.
The issue of unsafe drinking water on First Nations reserves has been an ongoing problem. In 2015, the government of former Prime Minister Justin Trudeau made a promise to eliminate long-term drinking water advisories on First Nations within five years. Although this goal was not fully met, the government managed to reduce the number of advisories from 133 to 35.
In 2021, Ottawa settled class-action lawsuits with other First Nations affected by long-term drinking water advisories, providing approximately $8 billion in compensation. However, Six Nations did not qualify for this settlement, as it could not meet the criteria of having experienced advisories lasting more than a year, despite a long history of water-related issues.
Dawn Martin-Hill, a resident of Six Nations and founder of McMaster University’s Indigenous Studies program, explained that the government’s settlement criteria left out many First Nations, including Six Nations. “The metric of who was allowed to apply for those funds left out large swaths of First Nations,” she said.
While some First Nations were unable to provide safe drinking water due to faulty water-treatment plants, Six Nations’ issue is more about distribution. Despite having a modern water-treatment plant built in 2013 at a cost of $41 million, only a small portion of the community receives water from it. The plant produces water that meets basic drinking standards but doesn’t reach most homes.
For many, the solution has been cisterns, which are filled periodically by trucks. Prof. Martin-Hill, who lives in Six Nations, estimates that the average cost for families to have their cisterns filled and wastewater removed is around $250 per month. On top of that, the initial installation of cistern systems and holding tanks can cost up to $65,000.
In 2023, the Trudeau government introduced a bill to recognize safe drinking water as a basic human right for First Nations, set water-quality standards on reserves, and protect water sources. However, the bill was dropped when Parliament was prorogued.
On the campaign trail, Liberal Leader Mark Carney has committed to enshrining First Nations’ rights to safe drinking water, while Conservative Leader Pierre Poilievre has proposed a new tax mechanism to help fund water infrastructure through revenues from industry.
The lawsuit paints a picture of a community that is frustrated with unmet promises and political inaction. Six Nations is seeking an injunction to force immediate improvements to the water and sewage systems on the reserve.
“We’re at this point because the federal government hasn’t provided the resources we need to have the same access to clean water and waste management as our neighbors,” said Prof. Martin-Hill. “You can only ask so many times, and it becomes infuriating when leaders continue to deny the most basic services to our community.”
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