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Seems to me that if the Federal government told them where they must live, that government has a responsibility to provide safe drinking water. For nations that are self governed and are able to move around on their traditional lands, I’d argue that it’s up to them to find safe drinking water.
Treaty status and details should also be taken into consideration.
It would also depend on other things. Even if they are currently on their traditional lands, they might still be limited by the size of the reservation they were given which could have no access to water other than ground wells, no rivers or lakes. Then the government should also be responsible for them.
I mean, if there was no natural water supply it wouldn't have been part of their traditional lands.
The big exception I see is if resource extraction had caused pollution or other direct problems that make a traditional water source unsafe.
Reserve and traditional lands are different things
If the lake or river is one their traditional lands but not on their reserve, they wouldn't be able to build the infrastructure that gets the water from the river to the reserve where they live unless they truck it in every day.
And we know resource extraction has happened a lot in remote regions. I mean who's heard of a mine opening in downtown Toronto?
To all of it's citizens. But to our most vulnerable first, which includes all of the hinterland. Food, water and shelter should be a basic human right for all citizens under the charter.
The reasoning and the article has a link to the judgement if people want the super long legal version of it.
Favel said in both decisions the Canadian government made First Nations dependent by forcing them to relocate to reserves, and that the country has historically "exerted direct control over every facet of First Nations life through legislation, regulations, policies, and practices," including control over financing for water infrastructure and housing.
Also the personal opinion part you'd think Pierre and the Conservatives would applaud this given the stance on "government tyranny".