Alberta has not been a responsible steward of our water. No Blackfoot nation has ever accepted Alberta's assertion of control over water on our lands, and no court has confirmed that Alberta has any jurisdiction over our water on our reserve lands. In fact, in 2006, an expert report commissioned by the Government of Canada concluded that water on reserve lands could not be governed by provincial water laws due to subsection 91(24) of the Constitution Act.

We are not here to rehash the difficult history of water colonialism in Alberta. The reason for this background is to help the committee appreciate and understand the critical importance of the recognition of our ownership and our inherent right of self-government over our water on our lands in Bill C-61.

The recognition of our treaty rights is historic and long overdue. However, the bill falls short of what is necessary in clause 15, which currently reads:

15 The quantity of water available on the First Nation lands of a First Nation must meet the drinking, cooking, sanitation, hygiene, safety, fire protection and emergency management needs of the First Nation, based on its current and projected water usage needs.

The assurance in clause 15 of a sufficient quantity of water available to first nations is a good start but is not consistent with Canada's treaty obligations with the Blackfoot nations. Under the terms of the Blackfoot treaty, otherwise known as Treaty 7, we have a right to enough water to fully use, benefit from, live on and develop our lands. The listed water uses in clause 15 must also include water for agriculture and economic development to be consistent with the Blackfoot treaty. This is a simple but very critical and necessary amendment to the bill.

Thank you.