The country with one of the world’s largest renewable supplies of freshwater is struggling to provide safe drinking water to its population.
Earlier this month, Canada headed to court to fight its third class action after settling two lawsuits over unsafe drinking water on First Nations for $8 bln. The latest lawsuit, which addresses boil-water advisories continuing beyond June 2021 or commenced after it, can cost yet another $1 bln to the government.
This time around, more than 50 First Nations have signed on the class action, seeking $1.1 bln in damages. Those involved include Shamattawa First Nation, which has been facing a boil-water advisory for the last six years.
According to the claim filed by the community, treated water in this community, which is located 750 kilometers northeast of Winnipeg, is causing boils, rashes, and sores. Community Chief Jordna Hill said the following in a statement:
“Time and again the federal government has promised to do better, and yet here we are, fighting in court for a basic human right. It is appalling that Canada has decided to battle First Nations on this issue rather than come to the table as nation-to-nation partners.”
If the lawsuit is successful, it would establish safe drinking water on reserves as a right instead of being a matter of political will, said lawyer Michael Rosenberg, who’s representing Shamattawa and worked on the settled cases as well.
The lawsuit, filed by the remote northern Manitoba First Nation in 2022, alleges that Canada has breached its fiduciary duties. By failing to provide safe drinking water to the Shamattawa community, the government has broken its duty of care and the Charter of Rights and Freedoms, the suit states.
It was certified as a class action last year by Federal Court Justice Paul Favel, who grew up in poverty on Poundmaker Cree Nation in Saskatchewan and spent part of his childhood without running water. He has previously served as deputy chief commissioner of the Saskatchewan Human Rights Commission and general counsel for the Federation of Sovereign Indigenous Nations.
In regards to this, about a year ago, the federal government also proposed a new bill to set drinking water standards in First Nations. The First Nations Clean Water Act (Bill C-61), which intends to create minimum national drinking water, protect freshwater sources, and provide sustainable funding for maintaining water quality, was met with mixed reactions.
Is Safe Drinking Water a Government Obligation for First Nations?
This month, the two sides of the lawsuit argued the fundamental issue at its core: is Canada legally responsible for providing safe drinking water to First Nations?
According to Rosenberg, the government’s obligation comes from “Canada’s long and continuing involvement, not just in funding, but really managing and exercising de facto control over water reserves.”
Meanwhile, the government contends that it has no “legal obligation or duty” to support First Nations. Also, all the help it has provided, including support for the delivery of potable water, has been in “good governance” instead of legal duty.
Over the past decade, the government has spent $4.29 bln on water and wastewater projects in First Nations, which has lifted 145 long-term drinking water advisories. 33, however, still remains.
Back in 2015, Prime Minister Justin Trudeau made a promise to lift all long-term boil water advisories on reserves by 2021. But, of course, that’s not the case yet.
The government claims to have spent $25.6 mln recently to make improvements to Shamattawa’s water system. However, climate, siltation, and methane in the groundwater have caused delays in lifting the advisory, affecting about 160 homes and 14 community buildings.
Speaking against the government’s approach, New Democrat MP Niki Ashton said, “On one side of their mouths, they’re saying we’re committed to clean drinking water for First Nations, and, on the other, directing their lawyers to fight First Nations who are only seeking this basic right.”
Ashton calls it shocking that a country as wealthy as Canada, which is seen as a leader in human rights on the world stage, is telling First Nations that they don’t have a right to clean water.
“We’re really seeing the dark underbelly of Canada, and I would say the hypocrisy of the Liberals.”
– Ashton
Shamattawa is a community of 1,500 people that declared a state of emergency last year due to suicides, which Hill has linked to the water issues. According to him, the country’s treatment of Shamattawa creates a sense of hopelessness.
Calling the government’s approach “profoundly disappointing,” plaintiffs’ counsel, Rosenberg pointed out how, in Canada, it is illegal to subject its own employees to the conditions that class members are expected to live with for years on end.
The situation, as per him, has made the “community members feel like second-class citizens,” and with the case, they aim to “do something to assert their rights, to establish their rights, so they don’t have to live like second-class citizens anymore.”
Canada’s lawyers, however, in their written argument, say, “the right to safe water is not distinctly Indigenous.” The plaintiffs, meanwhile, point to the public statement of several Liberal ministers, who seemingly acknowledged federal responsibility for the water crisis facing some First Nations.
The plaintiffs further argue that Canada has violated Section 7 of the Charter of Rights of Freedoms — which guarantees the right to life, liberty, and personal security, by choosing the location of the lands for the First Nations, hence, restricting their ability to obtain safe water themselves.
Canada’s counsel Scott Farlinger meanwhile says:
“The claimant under Section 7 may have an extreme need, but Canada doesn’t deprive you of your interests because Canada doesn’t stop you from helping yourself.”
According to Farlinger, while the argument is going to be taken as mean-spirited, it’s a discussion that section requires. Canada, as per him, just wants to call attention to the highly variable nature of water systems in these communities and the shared responsibility for water delivery.
With Shamattawa grappling with destructive fires, pervasive unemployment, and a suicide epidemic alongside the water issues, Rosenberg counters, “How does a community like that help itself?”
Why is Canada Struggling to Ensure Clean Water Despite Abundant Resources?
First Nations embroiled in a lawsuit against the Canadian government due to long-standing issues with clean drinking water present a paradoxical situation as Canada possesses the largest supply of accessible fresh water in the world.
Besides being essential to human health and sanitation, freshwater is also important for industrial sectors, including agriculture, mining, energy, and manufacturing, as well as for the well-being of ecosystems like wetlands.
While the country has fresh water in abundance, its quality and quantity differ vastly between regions and communities across Canada.
Natural factors responsible for the quality include local changes in temperature, rainfall, snowfall, flooding, and droughts. Meanwhile, quality is affected by factors such as high population density, population growth, climate change, and intensive agricultural and industrial activity.
Moreover, responsibilities for the management of freshwater are shared between territorial, provincial, federal, and Indigenous governments.
The fact, however, remains that one of the world’s wealthiest countries is also one of the most water-rich. The North American country actually has the third largest renewable supply of freshwater in the world after Brazil and Russia. Canada has about 7% of global renewable supply.
This freshwater supply is spread across lakes, rivers, and glaciers. A significant amount of the renewable supply, at 60%, is stored in ice or flows away from the majority of the population, i.e., into the Arctic Ocean, hence, not easily accessible.
According to Statistics Canada 2018, while Canada has access to over 20% of the world’s surface freshwater, the supply in the southern part of the country, where the vast majority of the population lives, has been decreasing. At the same time, it reported an average annual renewable freshwater supply dropping by 9%.
Still, with the Great Lakes, which Ontario shares with the US, containing 18% of the world’s fresh surface water, access to affordable, succinct, and safe drinking water is very easy for most Canadians.
However, this is not the case for many First Nations Indigenous people, as evidenced by the ongoing lawsuit.
The water supplied to these communities is not only hard to access but also contaminated or at risk due to faulty treatment systems. While the government regulates water quality for general, off-reserve communities, it has no such binding regulations for water on First Nations reserves.
The country’s inability to provide clean drinking water to its Indigenous populations is attributed to chronic underfunding and mismanagement. In some cases, technical issues and natural conditions affecting water systems have compounded delays in resolving the problem.
While the government has made financial commitments, that alone can’t solve the water and wastewater crisis, as per Human Rights Watch’s 2016 report.
The international non-governmental organization that conducts research and advocacy on human rights did research in First Nations communities in Ontario between 2015-2016 and revealed that legal discrimination is one reason why the problem persists.
Other challenges reported by Human Rights Watch were the lack of source water protections, which has a direct impact on drinking water, and government support for private water and wastewater systems.
What can really work here is quantifiable targets, sufficient and consistent budget allocations, an annual assessment of water, a transparent process for determining financial support and funding usage, and collaboration between the governments.
Innovative Tech Solutions for Clean Water in Remote Areas
WHO estimates that over 2 billion people live in communities with little to no clean water. Given how essential water is to human life, it is important that we find effective solutions to the problem of unsafe drinking water. Technological innovations actually offer several ways to bring clean water to people, even in remote communities, efficiently.
Let’s take a look at some of these innovations:
The advancements in real-time data collection and analysis allow for smart water monitoring and management. Here, sensors and machine learning help with the constant monitoring of water quality, quantity, and distribution. Moreover, these new technologies can help optimize water treatment and respond timely to any contamination events.
Another promising solution to the water crisis is solar-powered water desalination technology, which uses renewable energy to turn seawater or contaminated water into drinking water. The fact that this solution does not rely on external power makes it effective even for remote communities.
Specially, in the realm of solar-powered water filtration, researchers have made new developments, such as a Solar Absorber Gel, which can be applied to contaminated water. The gel purifies water by filtering out metals, pathogens, and other molecules from the water and delivers clear water more quickly than other water treatment technologies.
Then, there is hydropanel technology, which harvests water vapor from the air. Condensing water vapor into clean drinking water can be extremely useful for off-grid communities.
Distributed water systems like rainwater harvesting, on the other hand, have already proven their worth in empowering communities to conserve quality water and reduce water service costs and dependence on centralized water supplies.
Nanotechnology-based water purification systems are also being used increasingly as a cost-effective way to provide clean water to those who are in need. This technology works at a molecular level and can assist with filtration, desalination, and remediation.
For instance, Carbon nanotube-based filtration systems get rid of biological, organic, and inorganic compounds from water. Another example is MadiDrop, a device that uses copper or silver nanoparticles to make water safe for drinking.
In bioaugmentation, microorganisms are introduced to the liquid, which breaks down and removes any contaminants. Meanwhile, the photocatalytic water purification system utilizes a photocatalyst, a material that absorbs photons and ultraviolet rays to remove toxic substances from water.
Now, scientists are exploring numerous different ways to remove salt from water in order to make the vast oceans available for human consumption. This includes desalination, which involves reverse osmosis and thermal desalination to remove salt from seawater; electrodialysis, which employs electric fields to separate salts from water; and nanofiltration membranes to filter seawater.
While all these technological advancements offer promising solutions, there are still challenges that need to be addressed in terms of the affordability of these systems. Not only are they expensive, which limits their access, but the environmental impact of these solutions must also be properly evaluated.
There also needs to be a greater focus on data privacy and security, while clear regulations can help prevent the misuse of data and resources.
Companies Revolutionizing Water Treatment Solutions
Now, let’s take a look at companies that are actively developing water purification and desalination technologies:
Xylem Inc. (XYL +0.28%) is one such name that specializes in water solutions, developing advanced filtration systems that could be adapted for remote and underdeveloped regions. With the price of XYL shares increasing by 17.32% this year so far, its market cap now stands at $32.5 bln. It also pays a dividend yield of 1.07%.
Then there’s Pentair PLC (PNR +1.22%), which offers water treatment products, including filters and treatment systems. The company has a market cap of $15.9 bln as its shares trade at $96.24, up 32.26% year-to-date (YTD). It also pays a dividend yield of 0.96%.
Now, let’s take a deeper look into one such company that is helping take this field forward.
1. Ecolab Inc. (ECL +0.96%)
Ecolab provides water purification technologies and services with a focus on optimizing water use and ensuring safe water for communities.
The company has a market cap of $72.78 bln, with its shares currently trading at $255.80, up 28.96% YTD. It has an EPS (TTM) of 5.96, a P/E (TTM) of 42.90, and a ROE (TTM) of 21.61% while paying a dividend yield of 0.89%.
For Q2 2024, the company reported $4 bln in sales with operating income margin coming in at 16.5%. Ecolab’s net income increased 49% from the previous year, driven by breakthrough innovations and continued investments in digital technologies and service capabilities. Cash flow from operating activities at the end of the quarter, meanwhile, was $611 million, while free cash flow jumped to $414 million.
In its second annual Watermark™ Study, which reports on the state of water stewardship around the world, Ecolab found that consumers remain concerned about climate change and their immediate access to clean and safe water, which are then affecting their buying habits, particularly in China (80%), IMEA (69%), and Latin America (65%). Not only this, but consumers are also willing to pay more for sustainably produced products.
“Businesses today find themselves between consumers who will stop buying their product and investors who insist on greater returns. Fortunately, prioritizing smart water management provides a way to satisfy both, delivering positive financial outcomes while also protecting this vital resource.”
– CEO Christophe Beck
This year’s US-specific data reveals that concern about water continues among adults, with access to (71%) as well as the availability of (80%) clean and safe water being a significant concern.
Conclusion
As we all know, water is one of the most essential resources in our lives. Despite this fact, a large number of people do not have access to it. The water crisis is a growing concern affecting countries worldwide, and the rapid population growth and climate change are further worsening the situation.
The First Nations community’s fight against the government for clean water, which they argue is a basic human right, highlights the urgency of the issue, demanding global attention and action. As such, individuals, businesses, communities, and governments must come together to develop and support sustainable solutions to ensure that everyone has access to this vital resource.
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