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Treat us equally, says band chief

OKIB sues feds over water quality

Aug 15, 2019 | 11:08 AM

The Okanagan Indian Band has sued the federal government, claiming Ottawa has failed to ensure the safety of the band’s drinking water.

The suit was filed in federal court in Vancouver, an official for the band said Wednesday.

“The federal government has put the lives of our people at risk,” OKIB Chief Byron Louis. “We have lost faith in a system that I would characterize as negligent.”

The action revolves around drinking water systems constructed since the 1970s according to standards specified by Indian Affairs Canada.

The water systems rely on groundwater wells that supply untreated water to hundreds of homes and wastewater from those homes goes to individual septic fields which may be contaminating groundwater, according to information supplied by the band.

A government-ordered 2010 assessment carried out by Neegan Burnside, an Aboriginal-owned engineering and environmental consulting company, ranked the drinking water systems an eight out of 10 on a scale of potential risk to human health, the release said.

Fecal coliforms were a significant source of contamination, the release stated.

A 2017 joint water management study estimated the cost of upgrades at $45 million.

At present, the largest drinking water system at OKIB is under a ‘do not consume’ order and only one of seven systems has been upgraded.

The band said it has worked with Ottawa for the past nine years to find a solution, specifically, on improvements that would ensure the safety of drinking water but now felt the only option left was legal action.

“We are stuck in limbo between federal policy that underfunds our system and provincial infrastructure resources we cannot access,” Louis said. “The federal government is simply not serious about safe drinking water for First Nations communities.”

Louis said his community as well as other First Nations across the country were frustrated by the lack of action.

“We have to act,” he said. “We are concerned that it will take a crisis like a death or sickness from contamination before the federal government takes any action, other than constant delay.

“This is unacceptable in a developed country. It’s really an issue of equality. If you can turn on the tap in Kelowna and not worry the water is safe, it should be the same in our community.”

The lawsuit asks for confirmation that First Nations have the same access to safe drinking water as other Canadians.

Louis believes confirmation would compel the federal government to ensure water infrastructure that meets safety standards and with a timeline attached.

“It’s a health and equality issue, one that the federal government can’t ignore any longer,” Louis said.

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