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Exploring the Governance Landscape of Indigenous Peoples and

Water in Canada – An Introduction to the Special Issue

Julia Baird

Environmental Sustainability Research Centre, Brock University

Ryan Plummer

Environmental Sustainability Research Centre, Brock University Stockholm Resilience Centre, University of Stockholm

Access to water of sufficient quality and adequate quantity is a global concern. In excess of one billion people world-wide experience poor water quality or inadequate amounts of water, and many of these people are indigenous (Boelens, Chiba and Nakashima, 2006). The World Water Assessment Programme (2003:4) accordingly argued that “this crisis is one of water governance, essentially caused by the ways in which we mismanage water”. Diagnosing the crisis as a matter of governance highlights the complicated and dynamic social landscape of societal decision-making. Many actors are involved, roles and responsibilities are contested, and multi-scale influences need to be carefully considered. It requires attention to institutions (formal and non-formal), policies and practices. Water governance is broadly understood as “the range of political, social, economic and administrative systems that are in place to develop and management water resources, and the delivery of water services, at different levels of society” (Rogers and Hall, 2003:2).

Indigenous peoples have not fared well in water governance from a global perspective. The conclusion reached by the 90 participants at the session on water and indigenous peoples at the Second World Water Forum (Nakashima, 2001:S50) was that:

…it is clear that indigenous/tribal peoples, their unique systems of values, knowledge and practices have been overlooked in the world water vision process. …there is an urgent need to correct the imbalance or mainstream-thinking by actively integrating indigenous women and men in the subsequent phases stating with the framework for action.

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Canada offers an intriguing window into the issue of indigenous peoples, water and its governance. The term “Indigenous Peoples” is not used widely in Canada, but we follow the suggestion by Phare (2009) to use it in acknowledgment of their being Nations as well as avoiding implications of agreement with colonization. The term Aboriginal Peoples 1is widely used in Canada as a reflection of legal recognition of Inuit, Métis and First Nations (Phare, 2009). According to the 2006 Census (Statistics Canada, 2012), 1,172,790 individuals in Canada identified themselves as Aboriginal (3.8 % of the Canadian population); the second highest proportion behind the Maori of New Zealand. Substantial heterogeneity exists within this proportion of the population. Voyageur and Calliou (2001) discuss the vibrant diversity of identities, languages and tradition of indigenous peoples associated with the over 600 Indian bands and 200 reserves in Canada. Despite considerable cultural and geographical diversity, indigenous peoples share common perspectives concerning the environment (CIER, 1996). Water in particular is considered to be a life giving and healing element, and close proximity to water is important to wellbeing (McGregor, 2009; Chiefs of Ontario, 2008). Blackstock (2001:4) explains that "water is the element from which all else came; it is the primary substance within the interconnected web of life; it is the centre of the web, rather than being just one component".

Water quality is insufficient for many indigenous peoples in Canada. According to Health Canada (2012), 116 First Nation communities were under a drinking water advisory as of September 2012. The severity of this situation is emphasized by water-related crises in communities such as Kasechewan where alarm over water quality led to the evacuation of approximately 1000 individuals (Eggertson, 2008). Several challenges are associated with the provision of water of sufficient quality for indigenous communities in Canada, including an inadequate regulatory framework, lack of clear roles and responsibilities, and budgetary inadequacies that have led to compromised facilities, infrastructure, and a lack of qualified personnel (Simeone, 2010; Auclair and Simeone, 2010). White (2012:1; see also White, Murphy and Spence, 2012) argues that “what should be clear to any who look is that it is not technology that stands in the way of solutions! The issue is that utilization of technology and

environmental sustainability rest on social determinants of safe water”.

Government efforts to address poor water quality for indigenous communities have historically involved strategies and plans that have resulted in little improvement in water quality (Christensen, 2011). Examples of such strategies and plans include the First Nations Water Management Strategy (Aboriginal Affairs and Northern Development Canada, 2003), the Plan of Action for Drinking Water in First Nations Communities (Indian and Northern Affairs Canada, 2008), and the establishment of the Expert Panel on Safe Drinking Water for First Nations (Swain, Louttit and Hrudey, 2006). More recent efforts, such as water standards legislation, may fill the regulatory gaps concerning the provision of good quality water for reserves, where most indigenous communities are situated. Bill S11, the Safe Drinking Water for First Nations Act, was introduced in 2010. Several concerns were expressed about the unclear financial responsibilities as well as infringement on indigenous rights and jurisdiction

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(Council of Canadians, 2011; Chiefs of Ontario, 2011). The Safe Drinking Water for First Nations Act (Bill S-8) was introduced and passed by Senate in 2012, and is now under consideration in the House of Commons (Water Canada, 2012).

At a provincial scale, First Nations in Ontario developed and passed a First Nations Water Declaration

in 2008. This declaration stresses the importance of clean water for First Nations culture and health, and their responsibilities to protect and respect water resources for the benefit of future generations (Chiefs of Ontario, 2008). Other, smaller scale governance efforts have emerged in Canada for the purpose of improving water quality for indigenous communities. The Six Nations Source Water Protection Plan and the Bras d'Or Lakes watershed Guiding Principles document are community-based plans to manage water resources (and threats) in a sustainable way. Such plans emphasize the cultural and spiritual perspectives of water and create opportunities to incorporate traditional ecological knowledge into management strategies as a complement to scientific knowledge (Hill and Martin, 2007; Bras d’Or Lakes Collaborative Environmental Planning Initiative, 2011).

Set in the aforementioned context, this Special Issue of the Indigenous Policy Journal explores the multi-faceted governance landscape of indigenous peoples and water in Canada. The collection of papers coalesce around two main themes. Papers in the first theme focus on policies and institutions for water governance and use the continuing water crises in indigenous communities in Canada as a common departure point. Basdeo and Bharadwaj press beyond the bio-physical determinants of these crises and shed light upon their social dimensions. These social-cultural implications engender a holistic definition of health and make clear the need to situation water crises in the larger socio-political context. von der Porten and de Loë explore the conceptual gap between indigenous governance and contemporary water governance in Canada. Based on empirical work in British Columbia, they set forth a series of arguments to improve water governance scholarship and practice. Cave, Plummer and de Loë present the final paper in this theme. They explore how institutions influence water governance and management by applying the institutional analysis and development framework to the case of Oneida Nation of the Thames.

The papers presented under the second theme focus on uses and relationships with water that inform governance. Grimwood and Doubleday discuss Inuit uses and relationship with the Thelon River in the Arctic. Implications for governance are identified from their analysis of the spatial and temporal dimensions of this relationship and adaptive co-management as a vehicle for achieving Northern river-place futures is explored. Fresque-Baxter shares her experiences and insights from a participatory photography project undertaken with high school students in a Dene and Métis community in the Northwest Territories. The project provides a mechanism for youth to express their relationships with the land and water, share their observations of how water is changing, and voice concerns about the effects of such change.Finally, a collective of scholars and practitioners describe their experiences with community questionnaires in Six Nations of the Grand River, Mississaugas of the New Credit, and Oneida Nation of the Thames in Ontario, Canada. Their paper reflects upon the use of this instrument to capture local perspectives on water quality, use, and governance.

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Concomitant with the development of this volume, a Special Issue on water and indigenous peoples was published by The International Indigenous Policy Journal. Encouragement should be taken from this proliferation of scholarship. While this Special Issue focuses on the Canadian context, the two themes illustrate aspects of indigenous policy and water governance with resonance to indigenous peoples more broadly. Effective water governance is critical for all people and ecosystems. We hope that the collection of papers herein both advance scholarship and offer valuable insights.

Finally, we wish to communicate our appreciation to all those who made this Special Issue possible. We thank the authors who contributed insightful manuscripts; the reviewers including David Armstrong, Phil Bellfy, Tad Conner, Thomas Dyck, Burke Hendrix, Thomas Hoffman, Wendee Kubik, Michael Mascarenhas, Deborah McGregor, Richard Mitchell, Shannon Moore, Bob Patrick, Dan Walters, and Sonia Wesche who provided thoughtful reviews; and, the editor of the Indigenous Policy Journal, Tad Conner, whose guidance and assistance throughout the process was invaluable.

References

Aboriginal Affairs and Northern Development Canada. (2012). Aboriginal peoples and communities. Retrieved from http://www.aadnc-aandc.gc.ca/eng/1100100013785/ 1304467449155

Aboriginal Affairs and Northern Development Canada. (2003). First Nations Water Management Strategy. Retrieved from http://www.ainc-inac.gc.ca/ai/arp/es/0708/fnwms/fnwms-eng.asp

Auclair, N. and Simeone, T. (2010). Bill S-11: The Safe Drinking Water for First Nations Act.

Ottawa, ON: Library of Parliament.

Bambanze, V. (2012). Foreword – development with identity. In B. Walker (ed.), State of the World’s Minorities and Indigenous Peoples 2012 (pp. 6-9). London, UK: Minority Rights Group International.

Blackstock, M. (2001). Water: A First Nations’ spiritual and ecological perspective. Journal of Ecosystems and Management, 1(1), 1-14.

Boelens, R., Chiba, M. and Nakashima, D. (Eds.). (2006). Water and indigenous peoples. Paris: UNESCO.

Bras d’Or Lakes Collaborative Environmental Planning Initiative. (2011). The spirit of the lakes speaks. Retrieved from http://brasdorcepi.ca/wp/wp-content/uploads/2011/07/Spirit-of-the-Lake-speaks-June-23.pdf

Chiefs of Ontario. (2011). Written submission to the Senate Standing Committee on Aboriginal Peoples on Bill S-11: Safe Drinking Water for First Nations Act. Retrieved from http://www.magnetawanfirstnation.com/Submission.pdf

Chiefs of Ontario. (2008). Water declaration of the Anishinaabek, Mushkegowuk and Onkwehonwe in Ontario. Retrieved from http://www.chiefs-of-ontario.org/sites/default/files/files/COO%20water%20declaration%20revised%20march %202010.pdf

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CIER. (1996). Discussion paper presenting a First Nation environmental vision statement and self-government implementation strategy. Retrieved from http://www.cier.ca/ WorkArea/showcontent.aspx?id=612

Council of Canadians. (2011). The Safe Drinking Water For First Nations Act (Bill S-11). Retrieved from http://canadians.org/water/documents/FN/Bill-S11.pdf

Craig, D. (2007). Indigenous property right to water: Environmental flows, cultural values and tradeable property rights. In A. Smajgl and S. Larson (Eds.), Sustainable resource use: Institutional dynamics and economics (pp. 124-143). London, UK: Earthscan.

Eggertson, L. (2008). Despite federal promises, First Nations’ water problems persist. Canadian Medical Association Journal, 178(8), 985.

Health Canada. (2012). First Nations and Inuit health: Drinking water and wastewater.

Retrieved from http://www.hc-sc.gc.ca/fniah-spnia/promotion/public-publique/water-eau-eng.php

Hill, C. and Martin, T. (2007). Six Nations community-based Source Water Protection Plan – first draft. Ohsweken, ON: Six Nations Council.

Indian and Northern Affairs Canada. (2008). Plan of action for drinking water in First Nations communities progress report – January 17, 2008. Retrieved from http://www.aadnc-aandc.gc.ca/eng/1100100034968/1100100034976

McGregor, D. (2009). Honouring our relations: An Anishnaabe perspective on environmental justice. In J. Agyeman, P. Cole, R. Haluza-DeLay, & P. O’Riley (Eds.), Speaking for ourselves: Environmental justice in Canada (pp. 27-41). Vancouver, BC: University of British Columbia Press.

Nakashima, D. (2001). Water and indigenous peoples. Conference report 2.4, Water Policy, S49–S51.

Phare, M.S. (2009). Denying the source: The crisis of First Nations water rights. Surrey, BC: Rocky Mountain Books.

Rogers, P. and Hall, A.W. (2003). Effective water governance. TEC Background Papers No. 7, Global Water Partnership Technical Committee (TEC) Background Papers. Stockholm, Sweden: Global Water Partnership.

Simeone, T. (2010). Safe drinking water in First Nations communities. Ottawa, ON: Library of Parliament.

Statistics Canada. (2012). 2006 Census: Aboriginal peoples in Canada in 2006: Inuit, Métis and First Nations, 2006 Census: Highlights. Retrieved from http://www12.statcan.ca/census-recensement/2006/as-sa/97-558/p1-eng.cfm

Swain, H., Louttit, S. and Hrudey, S. (2006). Report of the expert panel on safe drinking water for First Nations. Ottawa, ON: Department of Aboriginal Affairs and Northern Development.

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Water Canada. (2012). Senate passes Bill S-8. Retrieved from http://watercanada.net/2012/senate-passes-bill-s-8/

White, J.P. (2012). Editor in chief commentary: Water – recognizing the indigenous perspective.

The International Indigenous Policy Journal, 3(3).

White, J.P., Murphy, L. and Spence, N. (2012). Water and indigenous peoples: Canada’s paradox. The International Indigenous Policy Journal, 3(3).

References

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