On July 3, 2025, Alberta’s Minister of Environment and Protected Areas, Rebecca Schulz, issued a press release urging the federal government to abandon “all federal policies and legislation that undermine competitiveness.” Among the legislation targeted by Alberta is Bill C-61 – the First Nations Clean Water Act. The Minister specifically demanded that Canada not reintroduce the Bill. This perspective is also shared by Minister Todd McCarthy, Ontario’s Minister of Environment, Conservation and Parks.[1]
In response to Minister Shulz, the Chiefs of the Blackfoot Confederacy issued a powerful joint statement condemning Alberta’s position and reaffirming the undeniable human right of First Nations to access safe and sufficient water supplies. The Confederacy rightly called Alberta’s opposition “morally bankrupt” and its stance “utterly reprehensible.” The statement of the Chiefs of the Blackfoot Confederacy can be found here: BFC Press Release Re Alberta and Bill C-61 July 4 2025.
Federal Indigenous Services Minister Mandy Gull-Masty has recently said that the government will be reintroducing Bill C-61, despite provincial pushback.[2]
Bill C-61 represents a long-overdue step toward justice and equity in water access for First Nations. Alberta’s opposition to the Bill is not only indefensible – it is a rejection of First Nations’ rights and Canada’s commitments to reconciliation. Contrary to Alberta’s assertion, Bill C-61 does not threaten competitiveness or development. What it threatens is the status quo: a system in which First Nations are forced to live under persistent boil water advisories, denied equal access to water, and deprived of their jurisdiction over lands and waters.
What is Bill C-61?
Bill C-61, the First Nations Clean Water Act, was introduced by the federal government on December 11, 2023, in response to decades of systemic water injustice and the terms of a national class action settlement. It sought to:
- Affirm the inherent, constitutionally protected right of First Nations to self-government over water, source water, drinking water, wastewater, and related infrastructure on their lands;
- Confirm that water occurring “on, in and under” reserve land is part of that land, pushing back against provincial claims to jurisdiction;
- Set minimum standards for the quantity and quality of drinking water available to First Nations;
You can read our full analysis of the Bill here.
The Urgency of Recognizing the Human Right to Water
Despite its strengths, Bill C-61 remained imperfect. It omitted guarantees for economic and cultural uses of water and made source water protection discretionary. Later amendments to Bill C-61 included the addition of s. 3.1, which recognized and affirmed that there is a human right of every individual on First Nations land to have access to clean and safe drinking water, but only in accordance with the Act. These shortcomings are serious and should be addressed before the Bill becomes law. Nevertheless, the overall direction of Bill C-61 represented progress – and a foundation upon which First Nations can build.
JFK lawyer Clayton Leonard appeared before the Standing Committee on Indigenous and Northern Affairs on June 19, 2024, to press Canada to strengthen the Bill, particularly by adding a direct recognition of the human right to water.
You can watch Clayton’s submission and access his full remarks here.
Alberta’s Position is Indefensible
Alberta’s opposition to Bill C-61 is both concerning and unfounded. The claim that the legislation undermines economic competitiveness or delays project development is not supported by evidence. Rather, the Province’s position appears rooted in a desire to maintain jurisdictional control over water resources – even at the expense of First Nations’ access to clean and sufficient water on their own lands.
As the Blackfoot Confederacy rightly stated:
“What is not in doubt is that Premier Smith’s government opposes First Nations’ rights to safe and sufficient water supplies – which is utterly reprehensible.”
Alberta’s stance disregards both the lived realities of many First Nations and Canada’s legal and moral obligations to uphold their rights. It is incompatible with the principles of reconciliation and human rights and must be unequivocally rejected.
Reconciliation Requires Action, Not Rhetoric
The federal government has repeatedly affirmed its commitment to reconciliation and to upholding the rights of Indigenous Peoples. It has also committed to implementing United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which affirms the inherent rights of Indigenous Peoples to self-determination, self-government, and access to essential services.
Failing to reintroduce Bill C-61 would undermine these commitments. It would send a clear message that the federal government is not prepared to take the necessary steps to uphold the human rights of First Nations, and that reconciliation remains more symbolic than substantive.
Canada must act with integrity. It must reintroduce Bill C-61, strengthen it in response to First Nations’ feedback, and pass it into law. Anything less would confirm that the recognition of First Nations’ rights, including the right to clean water, remains conditional and subject to political expediency.
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[1] APTN, Alberta and Ontario ask Carney government to ‘refrain’ from reintroducing First Nations clean water bill (3 July 2025), online: https://www.aptnnews.ca/national-news/drinking-water-ontario-alberta-c-61/; Government of Alberta, Provinces seek changes on federal policy failures (30 June 2025), online: https://www.alberta.ca/release.cfm?xID=935509C4C3CEC-BB83-F18D-7FBB0B7D819F4FE8.
[2] The Canadian Press, Minister planning to table First Nations water bill despite provincial opposition (4 July 2025), online: https://www.thecanadianpressnews.ca/politics/minister-planning-to-table-first-nations-water-bill-despite-provincial-opposition/article_23fad810-1441-589a-8cde-d3cf59f81b8a.html.