Summary report of the Chiefs of Ontario First Nations Water Policy ...

Chiefs of Ontario 

Report of the 

First Nations Water Policy Forum 

Garden River First Nation 

Oct 15, 16 & 17, 2008

Chiefs of Ontario 

Report of the First Nations Water Policy 

Garden River First Nation 

Oct 15,16 &17, 2008 

Summary report of the Chiefs of Ontario First Nations Water Policy Forum

Summary Report of the First Nations Water Policy Forum 

Chiefs of Ontario First Nations Water Policy Forum October 15, 16 17, 2008. Regional Chief 

Angus Toulouse, Chief Dean Sayers, Chief Lyle Sayers, Elder Leona Stevens, Elder Phyllis 

Shaugabay, Elder Fred Kelly and the host community, Garden River First Nation, welcomed all of 

the forum participants to Anishinaabe Territory with warmth and open hearts. Garden River First 

Nation provided a generous feast as well other nourishments that were appreciated by all, 

extended caring and kindness throughout our visit. During the three days, our Indigenous and 

non-Indigenous guests expressed their gratitude to Chief and Council and the people of Garden 

River First Nation. 

Chiefs, councillors, community members and advisors of Haudenosaunee, Anishinaabe 

Mushkegowuk, and other Nations, attended this important gathering to discuss the sacredness of 

water and the threats to it that must be addressed. Each nation relied upon the guidance and 

knowledge of their Elders in their preparations and their discussions. 

Ceremony and spirituality in its many forms were central throughout the forum as representatives 

from many First Nations reflected upon their own inherent responsibilities and intimate 

relationship to water in all its forms and places within their traditional territories. At ceremonies 

prior to the forum, (and at various points of the forum discussions), Elders reminded the First 

Nations representatives that this lifeblood of mother earth is a sacred gift and that each First 

Nation has its own timeless responsibilities to care for and protect the water. Speakers expressed 

their respect and gratitude to the women in their traditional role as keepers of the water. Many of 

the esteemed women who are carrying out these sacred duties addressed the forum and shared 

their wisdom. 

The Elders reminded all of us that in each of our respective cultures, traditions and customary 

laws, our spiritual connection to the land and to the water must be central in all that we do. While 

the spiritual practices and protocols of each nation vary in significant ways, in each case our 

customs require us to respect those differences and to respect one another. In each case, the 

essence of our customary laws and our obligations to the Creator require us to carry out our 

duties to mother earth and to the water in a way that reflects the unbreakable bond between 

humans, the water, the land, the animals, the fish, the plants and all elements. 

Over the three days, Haudenosaunee, Anishinaabe and Mushkegowuk people, as well as First 

Nation speakers made presentations from other Territories and representatives from the Province 

of Ontario. Several open discussions were held during the forum. 

The Water Policy Forum was organized into five main themes, with First Nations perspectives 

presented throughout. The main themes were: 

• First Nations Perspectives on Water 

• Water Quality 

• Water Quantity 

• Safe Drinking Water 

• Models for a Path Forward. 

The forum provided a unique opportunity for First Nations in Ontario to share many types of 

knowledge about water with one another – cultural, spiritual, technical and scientific. The forum 

also provided an opportunity for First Nations to share their individual experiences and strategies 

in dealing with the many threats to the great gift of water. Several speakers addressed the 

importance for First Nations to renew their relationships, their knowledge of treaties and to renew 

covenants with one another, as part of a collective strategy to move forward on water issues that 

affect all future generations. 

Chiefs of Ontario First Nation Water Policy Forum – Garden River First Nation 1


During the water policy forum, First Nations speakers made presentations on a number of topics, 

including: 

• Elders perspectives and knowledge on water issues and the importance of ceremony, 

songs and feasting and all aspects of First Nations spiritual traditions in moving forward 

to protect water; 

• The vital importance of the traditional role of First Nations women as water keepers and 

the need to ensure that youth are educated in all customs and traditions related to water; 

• The important role of First Nations traditional knowledge in the protection of water 

sources and how traditional knowledge can complement and at times, be superior to 

western science; the need for proper protocols to determine when and how to share this 

knowledge (this included a proposal from an Elders workshop held a few months ago to 

establish a regional panel of Elders in Ontario to provide advice to governments seeking 

traditional knowledge and relationship-building among First Nations communities); 

• First Nations’ lawmaking jurisdiction and sacred responsibilities to protect the water in all 

its forms in all parts of First Nations territories; 

• The importance of treaty making among First Nations as part of the collective work to 

protect water in Ontario and elsewhere; 

• First Nations’ assessment of past damage and current threats arising from major 

development projects, industrial activity and urban life to the Great Lakes Water Basin, 

the St. Lawrence River system, the St. Clair River, the North French River and the James 

Bay region among others; 

• Lessons learned from the international struggle leading to the adoption in 2007 of the 

United Nations Declaration on the Rights of Indigenous Peoples, and how these lessons 

could be applied to First Nations strategies to work together to protect water; 

• The healing properties of water – physically, emotionally and spiritually – especially 

natural spring water and clean water sources compared to treated water; 

• The inadequate resources available to ensure that First Nations people in all parts of 

Ontario and Canada have proper waste water management, and have access to safe 

drinking water and current attempts to offload the legal liability for this situation from the 

federal Crown to First Nations themselves. 

• 

First Nations initiatives to protect water were brought to the attention of the Water Policy Forum 

including: 

• the Anishinaabe Women’s Water Commission and their role in raising awareness of the 

Great Lakes Water and the serious impacts on water quality and quantity; 

• the impressive work of Josephine Mandamin in carrying out her traditional responsibilities 

as a water keeper that have seen her walk around all the Great Lakes, assessing them 

and making the required offerings to care for them; and her sacrifice in being arrested for 

her efforts to protect water and the forum also heard about other First Nations people in 

Ontario who recently have been criminalized in their efforts to protect the land and water; 

• the work of the Yellow Quill First Nations and the Saddle Lake First Nation in Alberta to 

push the federal government to recognize the need for better drinking water quality 

standards for reserve communities and these First Nations’ successes in developing new 

mechanisms and procedures for treating the contaminated water sources that they must 

rely on for drinking water (on their own without federal support); 

• the training work of the Advanced Aboriginal Water Treatment Team supported by the 

Safe Drinking Water Foundation and other sponsors; 

• the development by First Nations people in Canada and the U.S. of curriculum to pass on 

knowledge about water and other matters affecting mother earth to youth; 

• the March 27, 2007 MOU between the Union of Ontario Indians and the Ministry of 

Natural Resources to strengthen their collaboration with respect to the implementation of 

the Great Lakes agreement; 

• the work of the Batchewana First Nation and others to prevent the export of water from 

the Great Lakes to other countries; 



• the work of the Anishinaabe Ontario Resource Management Council (AORMC) and the 

AORMC Anishinaabe Traditional Knowledge and Water Conference; 

• the work of Moose Cree First Nation to protect the North French River and more 

generally to carry out land use planning and an inventory of traditional and sacred sites 

within their territory; 

• the thirty-five years of accomplishments by the Mohawk of Akwesasne Department of 

Environment without federal support to protect the lands, waters and ecosystem of their 

traditional territory and ensure safe drinking water for Mohawk citizens by relying on 

traditional knowledge and western science; 

• the input of First Nations people over the years to the work of the International Joint 

Commission and the need for an Indigenous IJC Commissioner for the Great Lakes; 

• the First Nations Technical Water Advisory Committee at the AFN; 

• Nicickousemenecaning First Nation - Manitou Aki Inakogewin (Great Earth Law). 

Regional Chief Toulouse described that the Elders conducting the shaking tent ceremony held at 

Bell’s Point (a ceremony that he and many of the meeting participants attended) brought forth 

direction from the ancestors that it was time to begin sharing traditional knowledge relating to 

water as a means of protecting the water. The path forward to writing this knowledge down and 

sharing it with other peoples will require protocols and ceremonies are always respected. The 

guidance revealed from the shaking tent ceremony spoke to the need for a First Nations Water 

Declaration. 

First Nation speakers from areas of Turtle Island outside of Ontario were invited to share their 

knowledge. A representative of the Inuit organization Nunavut Tunngavik Inc. explained the 

complex challenges Inuit have faced in implementing co-management arrangements under the 

Nunavut Final Agreement. Our Indigenous brothers and sisters generously shared their 

perspectives and aspects of their spiritual traditions and customary laws. They also spoke of new 

technical practices and arrangements with other governments that are aimed at protecting the 

quality and quantity of water. Their stories touched us and their insight enriched us. We learned 

valuable lessons from their stories; their challenges and their strategies to deal with the significant 

confrontations arising from the settler society’s use and abuse of the sacredness of water. 

Representatives from the Crown at the Ministerial level were invited to attend. The Minister of the 

Environment, John Gerretsen sent his regrets. A representative from his office spoke on his 

behalf. In addition, several provincial officials from the Ministries of the Environment, Agriculture 

Food and Rural Affairs, Mines and Northern Development and Natural Resources attended and 

spoke about issues related to water. 

Provincial presentations focused on issues arising from a range of treaties, agreements and 

legislation relevant to water policy issues focusing on water quality, water quantity and safe 

drinking water issues. These legal instruments included: 

• Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement 

• Great Lakes Water Quality Agreement 

• The Great Lakes Charter and the Great Lakes Charter Annex 

• 2007 Canada-Ontario Agreement respecting the Great Lakes Basin Ecosystem 

• Clean Water Act, 2006 

• Drinking Water Source Protection Act. 

Other matters discussed in provincial government presentations included Ontario’s “Drinking 

Water Safety Net”, impacts of climate change, dam safety issues, water related geological 

mapping activities of the Ontario Geological Survey, Proposed Toxins Reduction Strategy, 

Brownfields redevelopment, Brownfields regulatory reforms, Brownfields engagement 

opportunities, the Canadian Council of Ministers of the Environment Municipal Wastewater 

Strategy, the Canada-Ontario Environmental Farm Plan and the Indian Agriculture Program of 

Ontario. Some of these issues were only touched upon; others were discussed in greater detail. 



The provincial government presentations were framed within the policies, laws, knowledge 

traditions and values of the settler government operating in those areas of our Territories that 

they call Ontario. Provincial officials frequently said the Crown recognized the importance of 

“aboriginal” and Treaty rights protected by section 35 of the Constitution Act, 1982. There are 

opportunities for First Nations to “engage with” or “to be consulted” by the provincial government 

regarding a range of provincially generated initiatives and through processes where the provincial 

government intended to make a decision that could affect water in the First Nations territories 

throughout Ontario. These included several multi-lateral processes involving the federal 

government; (and in some cases other provincial governments); state governments; the U.S. 

Government or tribal governments. These presentations presented a vision of processes where 

First Nations “input” in the sense of being information providers; viewpoint providers, and perhaps 

even; knowledge providers where ultimate decision-making authority is held solely by the settler 

governments. The issue of the provincial government’s vision and understanding of its 

consultation obligations to First Nations on water issues (and the significantly different views of 

First Nations on this question) was evident throughout the forum. First Nations are not willing to 

be treated as non-governmental information providers. They are not willing to sit back and watch 

provincial or federal governments make decisions that affect water management or to have 

governments act as if First Nations have no pre-existing and inherent jurisdiction and decisionmaking 

authority of their own. 

Many piercing questions, strong views and disagreements with the provincial government’s 

approach to water issues were expressed by First Nations’ representatives at this water policy 

forum. The forum thus served as a venue where these issues and views could be aired. The 

forum itself was not intended to be a process for resolving these differences. That work lies 

ahead. Provincial officials confirmed that the water policy forum itself was not “consultation” in a 

section 35 sense. Provincial officials repeatedly stated the province wanted to know how First 

Nations wished to be consulted and be involved in water policy issues. 

Several opinions and questions were raised about the path to resolving differences on water 

issues. The Chiefs repeatedly pointed out that the Crown has failed to establish the proper 

processes and protocols to discuss water issues with First Nations. The Crown has persistently 

failed to respect First Nations’ sacred responsibilities and inherent rights. The Crown has 

consistently failed to respect the Treaty relationships in its dealings and in the decisions made 

regarding water. In proposing joint endeavours or initiatives with First Nations, the Crown, 

whether acting through provincial or federal governments, too often has failed to respect the 

equal status of First Nations as nations and governments. 

Other important points of discussion in response to provincial government presentations are 

summarized below: 

1. Provincial officials were told in the clearest of possible terms that First Nations would not 

tolerate being labelled or treated as “stakeholders” in matters relating to water or any 

other matter touching on their relationship to mother earth. 

2. Another issue of great concern was the issue of traditional knowledge, and the need for 

proper protocols to govern any initiative by settler governments (or others) to rely on the 

traditional knowledge of First Nations in relation to water. 

3. First Nations are concerned about the wound already inflicted on to our water (whether 

watersheds, streams, rivers, lakes, springs or underground water sources) and are 

committed to protecting the water from further damage. 

4. First Nations have lost faith (based on the performance of these governments to date) in 

the capacity and commitment of federal and provincial governments to ensure access to 

water and to protect water quality and water quantity for future generations. This is 

evidenced by the current state of watersheds throughout Ontario and demonstrates not a 

capacity or commitment to protection, but rather an escalating pattern of threat. This is 

despite the many initiatives, legislation, policies and agreements that these governments 

speak of. First Nations representatives at this water policy forum stressed the need, the 



desirability, and the legal requirement for these governments to respect the jurisdiction, 

the responsibility and the knowledge of First Nations to be able to protect the water for 

future generations. 

5. Under international law, First Nations have status as Nations and Peoples. Provincial 

governments are not so recognized. Under international law Provincial governments 

have the status of municipal governments. 

6. The inherent jurisdiction and sacred responsibilities of First Nations to water and to 

mother earth must be recognized and reflected in any effort to consult or cooperate with 

First Nations on water issues. 

7. Access to safe drinking water is a fundamental human right, and (in the case of First 

Nations) is further supported by inherent and Treaty rights flowing from our relationship 

with the land and the water since time immemorial. Ensuring that all First Nations people 

have access to safe drinking water (as they did prior to colonization) will require an 

intense commitment to capacity building, to providing resources and appropriate funding 

arrangements, and to a holistic approach that reflects an understanding of the 

relationship between what comes out of the tap and the myriad of environmental factors 

that affect water quality and water quantity in all the watersheds in Ontario. 

8. Several Chiefs present at the forum insisted the Crown must recognize First Nations 

jurisdiction over water in their Territories. 

9. While, some First Nations are already engaging, or are ready to engage, in certain 

cooperative efforts with the provincial government on water policy issues, many others 

feel the proper processes and protocols are not yet in place to ensure First Nations can 

meaningfully contribute to substantive improvements in water management, water quality 

and water quantity through current provincial approaches to collaborative arrangements. 

Very serious concerns were expressed about the current approach of the federal government to 

developing a new legal regime to govern the regulation of safe drinking water and the operation 

of waste water plants on First Nations reserves. A speaker from the Assembly of First Nations 

explained that the approach to “consultation” taken by the federal government on the 

development of federal legislation in this area focused on only one legislative option – the 

incorporation of provincial regimes into federal legislation so they apply on reserves. This option 

is not favoured by First Nations and was not recommended by the federally appointed Expert 

Panel on Safe Drinking Water for First Nations. While work on this legislative proposal was 

suspended during the recent federal election, it is expected to resume. 

Serious issues about the manner in which INAC and Health Canada approach the question of 

standards for testing water quality on reserves were also raised. On this point, the struggle of the 

Yellow Quill and Saddle Lake First Nations in Alberta to ensure proper testing and treatment of 

water sources relied on for drinking water brought these issues into sharp focus. The stories of 

these two First Nations touched everyone present. Several speakers warned of the rather 

transparent efforts being made by the federal government, (through funding agreements and the 

proposed federal legislative initiative), to offload its current liability risks to First Nations 

governments, while failing to provide proper resources or capacity building the First Nations 

require to ensure safe drinking water and water treatment systems for their people. 

Lyle Sayers, Chief Dean Sayers and Regional Chief Angus Toulouse, in their closing remarks, 

thanked all those responsible for organizing and hosting this important water policy forum. 



Regional Chief Toulouse said all the First Nations are grateful for the guidance of our Elders, for 

our ceremonies and songs; that remind us of our sacred responsibilities to care for the water that 

gives life. We honour the women, the water keepers and knowledge holders of the most precious 

gift from the creator. We have been taught First Nations have many gifts that have been key to 

our survival. These gifts, (our teaching and instructions) will be key to the survival of all people on 

mother earth. While the government officials who were with us these past few days spoke of what 

they often called opportunities to engage - it is clear that the appropriate processes are not yet in 

place that would properly reflect our sacred and unique responsibilities and jurisdiction as 

First Nations people to protect the water for the generations yet unborn. Regional Chief Toulouse 

also said it is not surprising First Nations came out of this forum with a commitment to work 

toward the creation of a declaration on water and conservation. Our role as the original 

caretakers of this land and of our water has brought us to a place where there are many new 

challenges. While governments present us with more legislation that undermines our jurisdiction, 

the waters continue to become more and more valuable. 

Record of Conference Proceedings 

This is a record of the proceedings of the First Nations Water Policy Forum organized by the 

Chiefs of Ontario (COO) and which took place from October 15 to October 17, 2008 at the 

Garden River First Nation Recreation Centre on the territory of the Garden River First Nation. 

The purpose of the COO First Nations Water Policy Forum was to share information on various 

water initiatives in Ontario and First Nations’ knowledge and perspectives on water issues. The 

forum provided an opportunity to consider what would be required for First Nations and 

governments to work more cooperatively and ultimately develop meaningful processes of 

engagement and consultation. 

Prior to the commencement of the presentations and discussions at the Garden River First Nation 

Recreation Centre, an Anishinaabe opening ceremony was held at Bells Point, led by Elder 

Leona Stevens. Throughout the conference several people spoke in their own (Indigenous) 

language, which was appreciated by all participants. 

October 15, 2009 

Introductory Remarks 

Mathieu Courchene, facilitator over the three days, welcomed everyone; made some 

introductory remarks and asked Under the Pines to start the day with a healing song. Chief Lyle 

Sayers of Garden River First Nation made some opening remarks. 

Chief Lyle Sayers welcomed everyone to Garden River First Nation on behalf of the community, 

the Elders, and the council. He was very pleased to also welcome many students from the 

community, the majority of which were attending Eastview School. The students were greeted 

with applause. Chief Lyle Sayers explained that the students were here to observe what adults do 

on a day-to-day basis. He said: Over the next three days we will be talking about our water. I 

recall in one of first planning sessions for this forum, that one of my main concerns was what has 

already been done to our water. We have many hot spots in Ontario and across Canada that 

have not been cleaned up. Right in our backyard in Sault Ste Marie, on both sides of the river, 

they have been dumping the raw sewage into the St Mary’s River over 40 to 50 years and the 

sediments at the bottom are just bubbling there and nothing has been done to try and clean that 



up. That’s just one area in Ontario where people may be worse off than we are here. We need to 

clean up what we’ve already done and the governments need to protect our fish and the waters, 

which are already contaminated. We have a big job for the next few days, and we are looking for 

recommendations on which way we are going to go for the future. With that, I hope you enjoy 

yourself here in Garden River. Meegwetch. 

Chief Dean Sayers, Batchewana First Nation, welcomed everyone and said how nice it was to 

see everyone to discuss such a beautiful issue - our water. He thanked the Chief and council for 

having this forum in their community, in the heart of the Great Lakes, in the middle of all that 

sustains us. He provided some background relating to charges being laid the previous week 

against himself, the people of Batchewana First Nation and three band members who were 

charged by the Crown while harvesting timber in their lands, lands reserved in trust by the Crown. 

There were other charges regarding the removal of a gate in Lake Superior Park that prevents 

the people from entering a historic and spiritual village site of the Batchewana First Nation. Chief 

Dean Sayers said the people celebrated the laying of the charges because this provided an 

opportunity to speak to the sovereignty and jurisdictional issues arising from an 1859 Treaty. 

Chief Sayers said the people are hoping and praying that the Crown fulfills their obligation to take 

this through completely and that they have open hearts and open minds to hear the truth about 

the relationship struck in 1859, and prior to that. The Chief said it was good to see Crown 

representatives here today. He said the truth will come out about what were reserved as areas of 

jurisdiction including water and how our Elders tell us that we never gave up jurisdiction over 

water. “The people will never compromise our responsibility to the Creator. Recognition is coming 

and we hope that the visitor’s court will do justice to that original relationship. We look forward to 

hearing from elders and other knowledge keepers and our relationship to the Creator and our 

jurisdiction and rights. Welcome”. 

Regional Chief Angus Toulouse acknowledged the ceremony at Bells Point giving thanks to the 

water and to the Creator for giving us such a gift that we all need and cherish and must take care 

of). Regional Chief acknowledged the drum and all the sacred items given to the Anishinaabe to 

take care of, and to help us find the strength and knowledge about what our responsibilities are. 

He said: “We acknowledge and take care of those things like water. Water is fundamental to our 

life and is something we have all taken for granted for many years. As First Nations people we 

have seen the destruction of water and how we have relied on the water always. The women in 

our communities still do those ceremonies on a regular basis and we give thanks to the women 

for doing those ceremonies. There’s so much we need to talk about to ensure the quality of water 

is still there to the degree that we’ve always depended on. Many of our Elders are here today to 

assist in providing some of these teachings so we can begin to see the magnitude of the problem 

facing us; that there is no balance. We will likely hear how we need to take back our 

responsibilities as First Nations and we need to come forward with the plan that this government 

or this society needs to understand, that we have that inherent knowledge on what we need to do 

to protect the environment and the water. We need to begin sharing this knowledge and many of 

the elders are willing to share this knowledge. There is always the fear to share our knowledge for 

fear it will be misused or misrepresented”. 

Chief Toulouse said he hoped this forum provides the comfort to begin to share because we need 

to do these things so the settler government understands we haven’t lost our culture, our way, our 

identity or our responsibilities. He said: We need to acknowledge and validate those things. We 

are not waiting for the government to say yes you can continue to do those things. They are 

taking place every day. The sharing is beginning to take place but maybe we need to expand 

some of that knowledge now so that more people understand our roles and responsibilities have 

always been. It is important to share with our youth that there is a tremendous amount of work 

that we collectively need to do. Each of our nations has their own stories and of our 

responsibilities and each one will have a lot of similarities while respecting our uniqueness. We all 

have responsibilities to the environment. There will be a time tomorrow for elders to talk about 

how Elders can assist the leaders and the communities that much more. 



Regional Chief Toulouse extended thanks to the women’s council and everyone here, as well as 

to Sue Chiblow and her people for organizing this policy forum for us. He said: “We need to keep 

in mind the necessity of protect the water the Great Lakes, this necessity of life - the water that is 

so near and dear to all of us. Meegwetch, to Chief Lyle Sayers, for welcoming us into the territory 

and Meegwetch to neighbouring Chief Dean Sayers”. 

Brenda Lucas – Senior Special Advisor, Office of Minister of Environment (Ontario) 

Ms. Lucas explained she was here on behalf of the Minister of the Environment, the Hon. John 

Gerretsen, who sent his regrets. She also thanked the various provincial and federal ministries 

that provided an opportunity for us to gather here. She thanked Regional Chief Toulouse, the 

Chiefs Sayers and the Chiefs of Ontario for involving them in this opportunity and providing the 

opportunity to learn from First Nations’ knowledge and to learn from each other over the next few 

days. 

On behalf of John Gerretsen, Brenda Lucas thanked the COO staff and Garden River First 

Nations for inviting the province and the federal representatives and for hosting the First Nations 

Water Policy Forum. She said: “Ontario is committed to strengthening its relationship with First 

Nation communities through collaborative partnerships particularly with respect to the protection 

of our environment. The province looks forward to ongoing and future opportunities to work with 

First Nations towards the development of a better understanding of our responsibilities for water, 

and the issues we face now and in the future. On behalf of the province, the Minister would like to 

express his best wishes for a successful forum to the COO leadership here today, and to convey 

his continuing interest in working with you as stewards of the environment”. 

Mathieu Courchene reviewed the forum agenda and its purpose: to share information on water 

initiatives in Ontario so that First Nations and governments can work more cooperatively in 

developing a path forward for engagement. Four themes for discussion were identified: the First 

Nation Perspective, Water Quality, Water Quantity and Safe Drinking Water. Some in camera 

sessions were also scheduled and some materials had been distributed. He invited the Elders 

panel to come forward next. Sharon Bailey from the Government of Ontario reviewed the 

contents of a binder of information and various handouts on provincial water policy initiatives and 

information relating to Ontario Treaty agreements with First Nations. 

Session 1 - Elders Panel on First Nations Perspective of Water 

This session will provide an overall context of water from a First Nations perspective, with the 

focus on the four major cultural/linguistic groups located in Ontario. 

Elder Yvonne Thomas expressed that it was a wonderful day for her to be here and that she 

was honoured to share some of the teachings from the Haudenosaunee Territory at Six Nations 

and teachings she had learned from her late husband, Jake Thomas. Elder Thomas said some of 

the teachings about water are part of our wampum belts; in particular the two row wampum belt 

that protected our rights has Haudenosaunee. She emphasized that it is our duty as people of the 

land to look after the waters so that our seven generations enjoy what we have today. She 

presented the forum participants with the question whether we doing our duty? She saw a need 

to go back and take up that responsibility again. 

Using a two row wampum belt, she explained covenants made with Dutch, French and British 

nations. The belt represents the commitments of each people to have their own ways, their own 

beliefs and not to interfere with one another but rather for each to travel its own path and have its 

laws. Elder Thomas explained that this is not a man-made law but a law of the Creator. Her 

husband spoke of the Great Law that we should look after our lands and waters, and not pollute 

the water. She said: We need to pick these things up again and teach them to our young people 

and ensure our people know our language and culture and to keep our ceremonies going. We 

need to be thankful to mother earth. Without mother earth, we would perish. It does not matter 



how many thousands of dollars you have in the bank without the sun or if you cannot drink the 

water, you will perish. So we need to be mindful of these Treaties. 

Elder Thomas spoke about the dish with one spoon – repatriated form the Royal Ontario 

Museum, and how it talks about our land ways and how we are to be as Haudenosaunee people. 

She said: We are the custodians of mother earth, and have the duty to look after land. So when 

we eat from this dish we do not use any sharp utensils or else blood would pour. When we make 

treaties, we are going to do it in friendship and will honour the Creator’s message. 

She said there is a lot more than what she had time to explain here today. She said: “Again, 

without water we would not be able to survive. We use water for cooking and for bathing. We 

need to retrieve our natural underground springs, which we use for medicine. We don’t need a lot 

of pharmaceuticals and foreign substances. We need to restore our natural water sources. Our 

Elders say that chlorinated water is not good for our system and that to be healthy communities, 

we need healthy water. It is our duty to educate our people in our ways. We have a lot of 

traditions around water. We need to recover and restore our traditional water sites. We need 

water to have health and healthy communities. We need to educate people in our ways. We use 

waters for discipline. When a child is unruly we can take that water, sprinkle water in the child’s 

face. He will get that joke and think about what he has been doing. She said her husband always 

said that without the waters we would not be able to survive. She said: When the thunder comes 

in the spring, it wakes things up so that everything can be new again. We are here today to take 

back our responsibility and to look after our environment so our great grandchildren can enjoy 

what we have. We don’t have to ask the government. We can’t keep pointing fingers at each 

other. That is not the Creator’s law; it is to come to an agreement. We have to collectively agree 

on how to take care of our water. We can do that because we have that power. We had an 

opening ceremony this morning. We have a lot to be thankful for and to be proud of. We need to 

do the Thanksgiving address several times a day. My husband was a Chief but he never judged 

people. As Haudenosaunee and Anishinaabe people it is up to us to think about what our 

ancestors gave us”. She then gave an explanation of the friendship treaty belt. 

Elder Geraldine Govender from Moose Factory, explained that for many years the 

Mushkegowuk people lived in peace because few outsiders came to settle and the Ontario and 

federal governments did not pay much attention to them and they have been very happy living 

there. At that time, people could go to the river to get water and drink right from the river. She 

said the ancestors had really trusted the government (and the missionaries) would always do 

well and not do anything harmful. Today, she can see this is not the case. 

Elder Govender said: “Now the land is being opened up with the building of roads and other 

activities. The changes are scary because our people are not really ready for that encroachment 

that is coming. There is already a DeBeers diamond mine at Attawapiskat. This past winter we 

put in a temporary winter road and I have conflicting feelings about it. It allows for the delivery of 

cheaper goods and services but it worries us that we are not ready to deal with the opening up of 

our area. We can still go to some of our rivers and do our ceremonies. There are a number of big 

rivers where we do ceremonies. The Abitibi River has a hydroelectric project built on it and 

although it is in our Moose Cree Territory we probably pay some of the highest rates for electric 

power. The North French River joins into the Moose River and that is where we have our 

ceremonies and where our reserve is built. The North French River (which has two names in 

Cree) is one of the last clean rivers. You can still go there and drink from it. There is no 

development, settlements, or dam on the North French River and that is the way we want to keep 

it. We are working now to try to protect that, using the source water protection as part of our land 

use planning”. 

Elder Govender described how important it was for the Cree to go out on the land, and how the 

schools are shut down twice a year for the children to go hunting with their families. It is hard to 

describe what happens when you are on the land but it is something magical that happens when 

you are there. You get healing. There is something very rejuvenating that happens to your spirit. 



That is key to what we need to know, to reconnect to the land and to know our relationship to the 

earth and to all the animals, birds, plants, fish, fruits, berries and insects. Those are our family. 

What has happened is that our children are not always aware of that relationship. I have started 

to take people out on the land and have our Elders there to teach the young people traditional 

skills and how to survive and their connection to the water. I believe that the time is coming when 

we need to know how to do that. The time will come when it is time to say ‘no’ to big 

development, especially when it comes to the North French River. 

Elder Govender told of an incident (recounted by the Elders recently at a water symposium) of an 

elder scooping some water from the creek, two handfuls, and that Elder ended up in hospital in 

isolation for one month because of something in the water that was very deadly even though this 

was very far from any development. The kind of world we are in now is that we don’t know what is 

in the water. That is why it is so important to go back to what we do know and trust, our elder’s 

knowledge and the Creator. The water also heals and you can heal that water. 

We hear that development is coming and that thousands of staked claims have been made in our 

area. The women in my community have a group that advises the Lands and Resources 

Secretariat and discuss different development issues. When we hear those kinds of discussions, 

something happens that makes me very angry. At first I don’t say anything but then I get past that 

anger to that conviction and resolve that we have to do something. When we talk about our family 

and our future generations, we also talk about seven generations ahead. I think about what that 

really means. When we want to protect something for your grandchildren, you will do what is 

necessary to stop them from getting hurt. We have to think about the seven generations that way. 

As leaders you have to bring that awareness and support in your communities even though it is 

not an easy task as Chiefs and you cannot do it alone. Elder Govender spoke highly of her son 

and his activities as a role model for other youth to engage in drumming and to not engage in 

drugs or alcohol. Her story demonstrated the power and commitment of youth and the importance 

of trusting in our youth. 

Elder Sadie McKay 

Elder Sadie McKay thanked all the people at the meeting and explained that water is life and it is 

also spiritual. The elders were taught (when they were young) to respect the water and it is the 

truth. The elders taught us very well that we have to respect the water. There came a time when 

non-Native people came to live with us in our community. From that time on, there has been an 

effect on our water supply. We saw that the water was not clean. There was a project to test the 

water supply and to test the people living in the community. The test results showed there was 

PCB in the water and also in the food chain. That’s when the negative effects on our health 

began. For women, when carrying our children, we need to provide a safe environment for the 

child we are carrying and we have to ensure that the water we secure is safe for us and for the 

children that we carry. The effects on the spiritual part of the water led us to the day when we did 

not do the best for our children. At that time, we also had to change our lifestyles and that meant 

mothers had to take employment when it was available. She said she was raising these things to 

show that when there are negative effects on the water there are consequences and things that 

have to be done. The non-native people that were living with us are no longer there and the 

present Chief and Council have taken up the responsibility to ensure that the environment and 

the water are looked after. It is our wish that the government people work with us to ensure the 

water is clean and that they listen to our concerns. 



When I speak about the spirit of the water, it is true that the spirit in the water is working. We must 

ensure that the ceremonies occur and that the work needs to be done are done. The ceremonies 

that happened this morning at the park, I was glad to see in our own teachings. I was praying at 

the same time. I am an Anglican as well and there are spirits in the water that are used in 

baptism. 

As a last point, it is my hope that the leadership here and the government people here will 

support what the Chief and Council say in terms of how we are doing in protecting our 

environment and the water. I say that because our Chief and Council were in jail for some time. 

One of them is her own son who spent about five weeks in jail. She mentioned this because what 

happened to the leadership at KI is an indication that the two row wampum is not working the way 

it was explained to us and the treaty relationship is not working the way it should. It is our hope 

that the leadership and the government people here will work on that aspect of the relationship. 

Elder McKay said she was very thankful that her people still followed their traditional livelihoods 

and that they draw upon the lands and the environment for the medicines that we need and also 

for what we need to sustain ourselves. 

Elder Phyllis Shaugabay 

Elder Phyllis Shaugabay greeted everyone. She said she always considered herself an 

Anishinaabe person and her first language is Anishinaabe. She acknowledged the elder who did 

the naming ceremony after her birth and stated that her Dodem is the caribou clan and spoke of 

her parents. She explained that she was raised in the traditional Anishinaabe way and that is the 

way she lives her life and the way she was taught by her elders and my her family who on both 

sides are very traditional people. 

Phyllis said: “In our home, we speak Anishinaabe with our parents. Both parents are drum 

carriers, pipe carriers and lodge keepers, traditions carried from their ancestors. Elder Shaugabay 

also has a pipe and carries a traditional healing drum and a lodge. She learned from her parents 

the ceremonies over many years and was told that she now can do it by herself. She said when I 

heard the first speaker she say she is healthy, that is very important from our traditional 

teachings. Water is part of those teachings. We have other teachings attached to that but water is 

central. That is why we are told to welcome a child when born and to welcome it into this earth. 

When a child comes into this world and meets its parents and family members, we celebrate that 

young person’s life by having a feast that honours the water, the medicines, the medicine trees, 

the lakes. This is because the water is for our survival. She thanked all the women who have 

presented to talk about the water”. 

Phyllis said: “I was very honoured to hear my sisters here and I understand for this First Nations 

Water Policy Forum was trying to accommodate the four directions. I was very thankful and 

honoured for the water ceremony that took place this morning at Bell’s Point. We were taught why 

we use tobacco in those ceremonies and spoke of how important it is to carry out these 

ceremonies, understand them and do them correctly. In our ceremonies, we must honour the four 

winds but also the thunder spirits which is the rain water, our source of life and our spring water. 

The young girls are taught early the necessity of doing ceremony for the spring water, to 

acknowledge and honour these that provide life to us on a daily basis. One of things I heard was 



that our ancestors collected rain water and we have a responsibility to pass that on, that we 

should do that, in addition to other ceremonies to honour the medicine trees and to bring tobacco 

and feast food”. 

Elder Shaugabay also spoke of the necessity of having pipes, drum and ceremony when 

speaking of the water. All of these things must be done when you travel, when you are being 

hosted. She spoke of the necessity of educating the young people, to remember the elders and 

ensuring there are people to take care of the water, as the spirits tell us. 

Phyllis said: “Sometimes people do not have hope or are very unsure about these waters. The 

elders tell me that they have seen some areas where the lakes are drying up. The Elders ask 

whether we are still doing the ceremonies and honouring these things. They ask whether you are 

carrying that spirit in your heart and in your mind. When the elders get an answer from the spirits, 

there is no doubt or hesitation. It is not just the women that are involved in ceremony. When the 

men receive the seat lodge, it is the womb of the earth mother they are in. Whenever we do our 

work we must remember kindness. Every person in here has a vital role in making this work and 

not just the people involved in conducting ceremonies. She had asked why there are so many 

sweat lodges and the answer was there is a great need for that healing to take place and to be 

available for every person in Anishinaabe territory”. 

Phyllis said: “Sometimes at these ceremonies we are visited by our non-native brothers and 

sisters and some people are uncertain and ask how are we going to do this. I heard this term 

earlier - ‘diversity’. You know our ancestors had diversity as well. That is why the elders tell us 

when you get there, there will be that drum. Everyone who speaks here, whether it is their 

knowledge or their education or the skills that they have or they carry a lodge and have those 

teachings, they all provide a resource. An elder told me there is healing that takes place in 

everyone not only the people that carry these medicine lodges or carry medicines. When you 

travel there, you will find someone who will respond to you in kindness. They do respond to us 

and do help us, listen to us and hear us – the grandmothers and the grandfathers, the spirits. 

What they want is for that person to learn, to listen, how to hear. So when that person gets up 

they will have that there to support them, to enable them to do the things they need to do. And 

that includes our leadership, so they know how we feel about this precious water and I see that 

many have brought their elders with them. When it comes to ceremony, there are many things we 

have been taught about the water but there is not enough time for all of these women here to go 

into the details of these water teachings. Water ceremonies are very crucial and central in our 

ceremonies, just like the drum. You need water to make the drum, the cradleboard and to 

conduct a sweat lodge in order to make a medicine drink. But our spring waters are being lost 

because they are being contaminated. They are doing logging and forestry. The elders went so 

far as to say they would set up their camp there in order to prevent them from cutting through this 

spring water. Another elder around 90 years old said we have spring water there but are they 

going to remember. He came to see me to ask that I share this about the spring waters when 

water is discussed, if contamination can be prevented in some way. And they took the young men 

and women to stand in a circle to protect that water when a clear cut was to begin. And it worked. 

That spring water is there today for ceremonies and for healing. In our area there is a place, my 

elders went to a spring water lake. The drums gathered there. We went over the swamp, walking 

through moss that was so green, so rich and so soft. I remember walking through the swamp with 

my grandmother, who told me, never forget what the earth mother provides to us. Do not ever 

forget this moss, how it feels underneath. There is healing water in it and it plays a vital role when 

we wrap our young ones in it. Now today they use these disposable diapers. I have to tell you that 

there are these places with healing waters and the water is so clear. A young girl compared the 

spring water to bottled water and the spring water was clearer and cleaner, looking”. 

Elder Shaugabay then acknowledged all the young people present at the forum to listen to us the 

humble elders. She then spoke again of diversity and the need to work through the process and 

take care of what we need to do, to work through that diversity. 



Phyllis said: “If we don’t care of what we are supposed to do, who is going to do it? This is what 

the elders told me, you have to do it even if there is diversity. The elders told me you are going to 

honour that water, you are going to honour that sacred fire, those rivers, those lakes, those 

streams, the spring water, the rain water. She said she was so grateful for those that gave her 

tobacco and asked me to provide what I can to help the people. The elder spoke of the 

importance of feasting along with the water ceremony and to ensure that the men and the women 

understand what their roles and responsibilities are when it comes to the water. This includes 

remembering when travelling by water, burial sites and where to put the offerings. The birch bark 

canoe was very important to our people and now that we travel by plane we have been told to put 

a birch bark canoe in our medicine bundle so that we remember what our ancestors did for us 

what their dreams and visions were, what they taught us. We have to carry our past with us today 

so that our future generations can carry that with them, so they can do the same thing. It’s the 

same thing with our language. They tell me, in order to speak to that water; do you know your 

language? We need to make sure that our young elders learn their language when they are doing 

their ceremonies. Learning our language is what will make us stronger so we don’t keep saying 

we lost this, we lost that. Then you must work on getting that back. There are non-native people 

who have learned our language. You must understand how powerful your ceremonies are, so 

your leaders can go where they need to go and to do what they need to do. That’s why we have 

to take care of the water for them, and why they must eat in order to be prepared to do their job. 

Yes it is a big job but what the elders were saying is that the spirits are always there to help you. 

Don’t ever feel that you are alone. When you go there, they are there too. They may feel diversity; 

they may feel weakness or wonder how they are going to do this. Look at all of you. You have 

each other. You have the four directions. You have the four quadrants and there are people living 

there. We don’t have to do it by ourselves. We can do it together. The elder said she is very 

honoured to stand and speak here and that she gets her strength from you, and from the youth to 

do this”. 



Session 2 – Water Quality 

This session will provide an overview of water quality initiatives, the various agreements and 

strategies for protecting water quality in Ontario including the Great Lakes and provide a First 

Nation perspective. 

Elder Eddie Benton-Banai, from the Lac Court Orielles Reserve, Wisconsin was introduced. He 

was described as coming from a long line of medewin ancestors and as having many 

accomplishments both in terms of university degrees and in traditional teachings. He was 

recognized at young age as exceptionally gifted and taken by elders to ensure he would have 

understandings of our teachings, the principal one being the water. He was described as a fullblooded 

Ojibway Anishinaabe, of the fish clan. He is a founder of the American Indian Movement 

and of the Red School House, the first Anishinaabe-based school system. He has introduced 

dozens and dozens of cultural based programs and healing programs in both Canada and the 

United States. Today he is a member of the Shingwauk Institute. He believes unreservedly in the 

positive way of everything Anishinaabe. We welcome him as he grieves the loss of his brother, 

Tom Stillway with who he worked as brothers. 

Elder Eddie Benton-Benai began by sharing some of his personal history with a few stories. He 

then drew the forum’s attention to the Keepers of the Waters Declaration adopted by nations 

gathered at in Liidlii Kue, Denendeh on September 7, 2006 and read several of its provisions to 

frame the remarks he was going to make. He asked for a round of applause for people who put 

the together the Declaration and he described it as an absolutely dynamic paper. He said that as 

Indigenous people we cannot simply take these documents and go home. Elder Benton-Benai 

said we cannot go forward in protecting the water if we do not first feel the wounds. 

He said: In our ways, we had one knowledge about healing; that you must know how serious the 

wound is before you can heal it. We must know how wounded we are as a people. We are 

wounded for example that our language is on the verge of extinction. The same messages have 

been delivered for many years – the four commandments of the sacred law – respect, respect, 

respect and respect. We tried to please the civilized. We have tried very hard for generations to 

be pleasing to them, to live and speak like them to the point of wasting the very sustenance of 

life, like them. In our seven prophecies that were delivered to us (300 years before they arrived); 

they say the very things we are doing today and that are in the Declaration. We were told to be 

careful to see if they wore the face of life or of death because they look the same. The spirit said 

the Anishinaabe people needed to take stock of that and know what it means. We were told what 

would happen – that the truth of these prophecies will become evident to you when the river runs 

poisoned and the fish become not fit to eat because of their action, because of their greed. No 

one can deny the truth of those prophecies today. What to do about that? We have to take stock 

of our rivers - not just at the beautiful Garden River - but around the world. A grandmother said 

years ago, the only way the poisoning and polluting of the water would stop if all the women of 

the world realized their responsibility and realized that women were given the responsibility to 

keep the water. Only in that way, would man understand and take action to clean the water, to 

stop the industrial pollution and the death of human kind. I have tried to carry that message on 

her behalf because she passed away less than one year later. We can have beautiful 

conferences and pass beautiful resolutions but without action - culture to culture, belief to belief - 

we are all going to die. We as people like to say we look forward to the seventh generation, but 

given what we are doing today, there will be no seventh generation. There will be no clean water 

to drink. This issue has to go beyond the hydrologists and scientists. We must first know how 

seriously we have wounded the water. There are all kinds of statistics and we can analyze them, 

put them on a shelf and take them down for the next conference, but nothing substantial is being 



done to help our rivers and streams. And yet we were told in our prophecies this would happen. 

In many ways we disregarded the prophecy that we would be near destruction by the seventh 

generation. We have come to this by bowing down to the intimidation. By not insisting our stories 

be told in the curriculum or by keeping our language. We have not done well for our children and 

civilization has not done well for us. Forensics is now confirming that prior to discovery, that as 

original people, we had an average life span of 90-120 years. Now we don’t speak our language 

and speak to a different god and believe as they make us believe that we worship the devil. With 

all the advances in science, computers we’ve done well, not kept pace with what we needs as 

Anishinaabe people, we have not remembered our sacred teachings and make fun of the pipe 

because we have been taught to do that. We’ve succumbed by trying to be good people. We 

don’t understand the covenant with us. We don’t understand that water is the life blood of all life. 

Or what our ancestors said to us three hundred years ago. At one time we were healthy and 

wealthy people. We put away seeds that would grow again in a hundred years, how to regulate 

harvest in a good way to get multiple harvests. That knowledge was partnered with sacred 

knowledge. We knew where the rice would grow and where it would not because it was given to 

us by the Creator. What temperature the seed of the rice needed to be. We buy wild rice today 

because we have lost that knowledge. 

Today we have the shortest life span of any group in the world – 57. Yet it was 90-100 years 

when we were uncivilized. And our ancestors died with a full set of teeth. That same history is 

your family if you go and see how long your grandparents lived – no white sugar, only maple 

sugar. White sugar has no nutrients, like white flour. Those are things we have to listen to. 

The things I am telling you are not scare tactics but facts of life. We have the highest drop-out 

rate of any ethnic group in the world. With the efforts of the American Indian Movement (AIM) and 

the North American Indian Brotherhood (NAIB) we have brought that down somewhat. But as 

parents and educators, we do not find out why. We build good schools but don’t do anything 

about the spiritual growth. Grandparents would take young boys and teach them and 

grandmothers the girls, when those things were strong, we did not have violence in the 

communities - men who beat their wives, or men who abused their own daughters. We should be 

teaching our daughters how to protect the water and the boys how to be men of integrity, not 

baseball players, and we should be teaching them how to be men dedicated to the community. 

When we put those things back together we can contribute to the rest of the world if they will 

listen but not if they want to sell water, to pump water out of Lake Michigan, fly it to France and 

sell it back to us. There’s an opportunity here if they are willing to listen but not if we don’t know. If 

we cannot petition Parliament as people, if we have no input, the people will have no chance, 

much less the Anishinaabe. We need to go back to our communities to discuss what we know 

about water as Anishinaabe. This land was the home of one of the greatest medewin lodges and 

had one of the greatest medewin leaders. He said we must build a teaching wigwam where our 

children will learn who they are and how to cope in the world. We need to take time to think about 

that. If other people will give us the time and credibility to do something as a people, otherwise I 

fear that children seven generations from now will not have clean water to drink. 

Elder Fred Kelly then spoke and said one of the first teachings is respect, respect, respect, 

respect. He also said that one of the great teachings Tommy Stillday told me was you are here, 

you are everything. The only thing that you must follow is the seven grandfathers. Some of us 

epitomize those teachings and Tommy is one of them. When great teachers come in front of you, 

you must acknowledge them and when you hear them speak, your ears become sharp, your eyes 



become focused, your mind becomes attentive, your spirit is awakened. So we acknowledge the 

great leadership of people like Eddy Benton-Banai. One of our women said we wait too long to 

acknowledge our people, we wait until they are gone. Elder Kelly then called for an honour song 

for Eddy Benton-Banai, who is still with us. 

Sharon Bailey, Dr of Lands and Water Policy Branch, Ministry of Environment 

Ms. Bailey first spoke from a personal perspective about growing up in the Great Lakes Basin and 

how enjoying summers on the lake motivated her to want to work to protect the environment. As a 

representative of the provincial government, she spoke to a number of initiatives the government 

of Ontario is working on to protect the environment and to build a common understanding 

and to build strong relationships with First Nations. She pointed out that provincial efforts to 

protect the environment are fairly recent - the Ministry of Environment for example was only 

established in 1976. Ms. Bailey then presented a PowerPoint presentation (entitled Water Quality 

Panel). She referred to a number of agreements and provincial laws that aim to protect water and 

referred to several current initiatives such as Bill 99, the proposed Lake Simcoe Protection Act to 

protect the Lake Simcoe watershed and which has received 2 nd reading in the Legislature. She 

said that all of these laws build and complement federal legislation and that the province wants to 

work with First Nations to protect the water. She pointed out that are also numerous local and 

regional initiatives as well as province-wide ones. She spent some time explaining the rationale 

for Bill 99 (how the lake is under stress in various ways), mentioned the Premier’s commitment to 

protect Lake Simcoe and explained the approach of the Bill in taking a comprehensive watershed 

approach to address threats to the drinking water and the impacts on fish in order to protect the 

entire ecosystem. Ms. Bailey mentioned there are four elements of the provincial strategy to 

protect the lake (Bill 99, developing a Lake Simcoe Protection Plan, establishing permanent 

advisory committees and enhancing existing voluntary tools with a $20 million fund). 

She said the government has made concerted efforts to contact and provide information to the 

First Nations who may be interested in protecting Lake Simcoe and have a historic relationship 

with the Lake Simcoe Watershed. The Chippewas of Georgina Island and the UOI are 

represented on committees. She said there will be additional opportunities for representation from 

First Nations as the province moves forward, in various ways and that the province is looking for 

feedback on how First Nations want to be involved in protecting Lake Simcoe. She gave several 

examples of how this could occur. She said Lake Simcoe is a bit of a model for the province and 

that the Great Lakes would be the next initiative. 

She then outlined several existing agreements and instruments that are relevant to the protection 

of the Great Lakes and highlighted the importance of upcoming discussions for the renewal of the 

Canada-Ontario Agreement on the Great Lakes in 2010. She said that while the Great Lakes are 

under stress, protecting them is very difficult because there are so many parties involved whether 

talking about water quality or water quantity. As a result, a very complicated set of partnerships is 

needed and the provincial government is very busy working on a number of different agreements 

and legislation. Ms. Bailey said that First Nations have been involved in the Canada-Ontario 

Agreement and the province would like to see more involvement especially where there is direct 

impact on water using and fish eating. She said the province needs to know where to focus 

efforts and has been trying to identify areas of priority. She said the province needs to know what 

specific actions are needed to achieve the priorities identified by Ontario for strengthening the 

provisions of the Canada-U.S. Great Lakes Water Quality Agreement and what forms of First 

Nations engagement would make sense – is it special sessions with particular First Nations, or 

broad sessions? Ms. Bailey then outlined a number of province-wide policy initiatives: Proposed 

Toxins Reduction Strategy, Brownfields redevelopment, Brownfields regulatory reforms, 

Brownfields engagement opportunities, Canadian Council of Ministers of the Environment 

Municipal Wastewater Strategy, and the need for an updated province wide municipal wastewater 

policy, open case aquaculture policy, and water policy as it affects agriculture. Engagement was 

an issue throughout. 



Scott Duff, Manager Research Coordination and Partnership, Ontario Ministry of 

Agriculture, Food and Rural Affairs 

Mr. Duff’s presentation focused on agriculture and water quality, the impacts of farming and how 

the province was working with farmers to improve water quality. He stressed the importance of 

seeing farmers as people who farm, who not only raise animals but also have children and 

families. Some of the challenges facing agriculture today include: being asked to produce more 

food on less farmland, working in an increasingly urbanized environment where the average 

person is not in touch with where their food comes from and increasing competition for water (a 

water quantity issue). He described the Canada-Ontario Environmental Farm Plan that is the 

main tool to communicate and educate and to work together with the farming community. It is a 

voluntary program with other governments and NGOs to assess risks to water, most of which 

relate to water quality. He said the program includes peer review and is a good model of a 

program delivered in partnership with farmers. Recently a pilot project began with the Indian 

Agriculture Program of Ontario which represents about 200 farmers in the province and covers 

about 40,000 hectares Currently the province is trying to encourage their participation in Canada- 

Ontario Environmental Farm Plan and this is the first year of the program which has already seen 

some very good success. 

Linda Clamis, Manager Great Lakes Environment Office, Environment Canada 

Ms. Clamis spoke about being struck by the Elder’s use of the word ‘magic’ in talking about the 

land and the environment. She first spoke from a personal perspective of her personal 

commitment to protect the environment through her career as an environmental lawyer. Speaking 

on behalf of Environment Canada, Ms. Clamis she spoke about the Great Lakes Water Quality 

Agreement and where the process currently stands with the Government of Canada. The Chiefs 

of Ontario were involved in the review of the Agreement and submitted recommendations. She 

said, at this point, Environment Canada is no longer in charge of the review process. Foreign 

Affairs and International Trade (DFAIT) is now involved in the potential renegotiation of the 

agreement because it is an international agreement. The information that First Nations submitted 

has been forwarded to DFAIT. There has not been much activity recently because of elections in 

both countries. Consequently, the federal government is still in the process of developing 

recommendations on what should be done with this agreement. The new federal Minister will 

receive a letter outlining what his or her new priorities are to be. She said the COO has a seat at 

the next bi-national executive committee meeting and strongly encouraged the Chiefs to speak 

there and to put any questions the Chiefs have regarding preparations to DFAIT. 

Chief Gary Allen presented information on what happened at the Elder’s workshop on Aboriginal 

traditional knowledge (ATK) in Thunder Bay in February 2008. First he spoke about the 

disconnect from the Treaty that exists on both sides. He said we never signed away our rights to 

the water or to the trees and definitely not to the minerals. He spoke to several issues arising 

from recent provincial treatment of First Nations in talks about the Mining Act and said the 

province was trying to rush consultations and the development of recommendations. 



Chief Allen then presented the recommendations from the Elders’ workshop based on the 

workshop proceedings. 

1. Governments such as the Ministry of Aboriginal Affairs, MDMN, MNR and MOE 

personnel should be culturally educated by us, the First Nation people; this would ensure 

government personnel would develop new attitudes to First Nations people and begin to 

truly understand and respect aboriginal traditional knowledge; 

2. Development of an information package, such as an overarching ATK kit (the proposed 

elements of such a toolkit were outlined); 

3. Education needs to be enhanced on gender roles and responsibilities and research done 

on the varying gender roles and responsibilities within the different Indigenous groups in 

Ontario; the Elders are willing to share knowledge but first need to have relationships 

built based on mutual respect, trust and understanding and this will require strong 

political will from governments in order to foster relationships based on nation-to-nation 

and a number of concrete actions to achieve this were recommended such as the use of 

ATK in dealing with boil water advisories and ways to remove obstacles to treating ATK 

with respect addressing issues of trust; 

4. It is recommended in order to foster relationship building that people need to meet with 

one another to determine common objectives and outline areas of collaboration; several 

specific recommendations were made on how to do this; 

5. A regional panel of Elders be established in Ontario to provide advice to governments 

seeking ATK and relationship-building among First Nations communities and could feed 

into larger nation-wide process of Elders in the development of environmental regimes. 

Chief Shining Turtle completed the presentation on ATK from the February 2008 Elders 

workshop. He first spoke of the significance of the colours, blue and white, in his community. He 

said the white represents the head of the water spirit and he said it is more important to him as a 

leader to listen to what is said about water from an ATK point of view rather than what the 

government says. He said there is going to be a question of jurisdiction. The Chief then posed a 

number of questions for the forum to consider: Who said the province and the federal government 

have jurisdiction over the water. Who said they have jurisdiction over the air? Who decided that 

mining, industrial development and pollution is the best use of mother earth? Who said that? And 

finally - Who asked the Anishinaabe? 

Chief Shining Turtle then presented the remaining recommendations from the Elders’ workshop 

on ATK: 

6. Adequate resources be provided to develop a modern value system for First Nations 

when dealing with the exchange of knowledge; and that the development of this system 

would be guided by a panel of experts from each of the four cultural/linguistic groups and 

we have to remember that we have expertise in dealing with some of the current 

environmental challenges; 

7. An allocation of resources be provided to develop an education package to educate and 

create an awareness among the government, general public and Indigenous peoples of 

the need to protect the environment which would include cultural and spiritual 

components. (On this last point, Chief Shining Turtle emphasized the importance and the 

effectiveness of spirituality in addressing disagreements about how to address 

environmental and development issues among First Nations.) 



8. An overarching recommendation - throughout the workshop, themes such as education, 

research and relationship building were discussed by participants, and they spoke of how 

the perspective of western science lacks an Indigenous perspective. We as inhabitants of 

the earth have common roles and responsibilities. We are related to all life including the 

rocks. With the increasing pressure on Indigenous land, we need to work together in 

order to sustain our relationship for future generations through the creation of an Ontario 

ATK Expert Panel. 

Chief Shining Turtle stressed that we get the First Nation perspective inherent in ATK from our 

ceremonies, our values and customs and explained that establishing an Ontario ATK Expert 

Panel meant that these Elders would determine who sits on panels elsewhere to represent First 

Nations and not COO. Such a panel would provide an arms-length relationship to the types of 

knowledge that needs to be plugged in as needed, and when they need political support they 

would come to COO. Chief Shining Turtle said he thought this was a smart recommendation 

because they would conduct the ceremonies and ask the important questions. He said: These are 

the recommendations of our Elders. If we consider these recommendations we may discover that 

the answer to the question who has jurisdiction over the waters- is the spirits; or maybe we’ll 

believe that it is the Government of Ontario. 

A discussion session with the forum panel then followed. A summary of comments and questions 

is set out below: 

• We heard from officials today they don’t know what they are going to do with our input, 

but I know – they will put it in garbage. It is time to take control over our destiny. 

• What kind of protocol does the provincial government have for selecting people for 

committees and how are they answerable to First Nations people? What is being done to 

make pig farmers comply? More needs to be done and there needs to be accountability 

to the First Nations political leadership. 

• What is being done about invasive species in the waters? and why is there no action on 

looking at impacts from drainage of huge quantities of salt from the City of Toronto into 

nearby lakes? 

• In answer to a question about whether or not this session was a consultation process, the 

provincial representatives answered ‘no’, it was not. 

• Several comments were made about consultation: about the rushed nature of 

consultations and the lack of funding to First Nations to get their own legal advice; the 

need to recognize Treaties in topics relating to the Great Lakes and Lake of the Woods 

for example; that the Ontario government needs to understand the spiritual process we 

undertake when we study something; 

• The only time there is a partnership is when people participate on the body that makes 

the final decision, not someone who feeds information into the process. Afterwards, our 

partnership vanishes. If you really want to work on saving the quality of water, you need 

to take advantage of working with First Nations as equals. Treaties are made with 

Nations. 



October 16, 2009 

Session 3 – Water Quantity 

This session will provide an overview of water quantity initiatives, the various policies to 

implement the water quantity agreements and other priority issues such as climate change and 

provide an overview of fresh water in Ontario from a First Nation perspective. 

Mathieu Courchene, the facilitator greeted everyone and asked the Under the Pines drum group 

to open the session. He then introduced the theme of the Water Quantity Panel – to provide an 

overview of water quality initiatives, the various agreements and strategies between governments 

for protecting water quality in Ontario including the Great Lakes. 

Rob Messervey, Ministry of Natural Resources 

Rob Mersservey thanked the forum for the privilege to talk about protecting the amount of water 

we have and the amount that we need. He directed the forum to examine the PowerPoint 

presentation in the binder entitled “Water Quantity”. He said his Ministry works very closely with 

all the provincial ministries represented here but also needs to be engaged with all of the First 

Nations. He said Wednesday morning’s water ceremony certainly reinforced that water is sacred, 

water is life and we all must protect it for future generations. He spoke of his own passion at a 

personal level for managing water as a career and in experiencing its importance and restorative 

properties when camping with his family. He said when his family saw dry rivers, it underlined 

dramatically that we can never take water for granted. 

He said: We are here today to identify initiatives for protecting the water we do have for future 

generations and to reinforce that we must be engaged together cooperatively to ensure broader 

sustainability for the future. 

Mr. Messervey said from the water ceremony held yesterday, it is very obvious that water is 

sacred, everything in life depends on water and it is our collective responsibility to protect it. The 

Great Lakes are vast but are interconnected, what happens on one affects the others. Only one 

per cent of water in the Great Lake is water that is renewed through precipitation. The remaining 

99 percent has been locked in since the time of glaciers. Water quantity involves not only 

managing the Great Lakes basin but also protecting source water, and how we deal with drought 

and floods and understanding what we’re doing through monitoring. 

He provided an overview of the demands on the Great Lakes on the U.S. and Canada side. One 

of the major aquifers in the U.S. has been decreasing due to overuse, and is now several 

hundred feet lower than it was. Some in the U.S. have been looking at a potential source of water 

supply for places like the Southwest. He said: Our philosophy is that water should not be taken to 

the people but the people should come to the water. Reflecting on the comment about the need 

to know the wound, Mr. Messervey talked about the Chicago diversion first constructed in the 

1890’s to address the consequences of huge epidemics of cholera and typhoid. The Chicago 

diversion discharges some of its pollutants into the Mississippi; the system takes 2 billion gallons 

of water a day from the Great Lakes. That is considered by some to be a wound. There are many 

others examples of wounds to the Great Lakes system including diversions into the Great Lakes. 

Now the province is working towards an agreement on the Great Lakes to address such issues. 

Mr. Messervey provided some history leading to the Great Lakes Charter in 1995 and an annex 

to that agreement in 2001. One of the motivations for the annex was the temporary permission 

given to export water to Asian markets that caused quite a reaction all around the Great Lakes. 

He said: Many of things we are trying to achieve are referenced in the Keeper of the Waters 

Declaration. Mr. Messervey explained that through the Great Lakes-St. Lawrence River Basin 

Sustainable Water Resources Agreement, with input from many First Nations in 2004 and 2005, 



there is now an agreement to ban diversions out of the Great Lakes, to establish new 

conservation programs in the basin and to apply new tests when looking at major projects to 

remove a large quantity of water for a new industrial use – a very strict test will be applied to 

determine if that kind of proposal is allowable. 

He said: We have established a process for the public and for First Nations, tribes, state, 

provincial governments and the two federal governments will review major projects that could 

influence Great Lakes water levels. He highlighted some of the major commitments in the 

agreement such as taking a precautionary approach, commitments that will require the input of 

First Nations to determine their meaning. He said that First Nations input really influenced the 

agreement in terms of what is required to ensure proper participation of First Nations and tribes 

and reinforced that we have common interests. Implementation will require fully engaging Ontario 

First Nations in reviewing major projects and in understanding traditional knowledge and 

practices relating to the appreciation of water, responsibility for water and practices related to 

water conservation. Ontario has passed legislation committing the province to implement the 

agreement. He described how other jurisdictions have either passed legislation or are about to. 

Mr. Messervey mentioned that a MOU had been reached with UOI which provides opportunities 

to work together including working with the Women’s Water Commission. In this way the Province 

hopes to have a greater understanding of First Nations knowledge and apply it to decisions made 

on the Great Lakes. He said: There will be other opportunities for Ontario and First Nations to 

share knowledge and science on water that will be spoken to by others here. We hope to engage 

other First Nations beyond the UOI and have a process in place to engage everyone in the Basin. 

We think this Agreement positions us well to understand what is happening on the Great Lakes 

and to put protections in place. We have already seen the benefits of working together with you. 

Mr. Messervey then described some of the causes for changes in water levels in lake and rivers 

including climate change impacts on rates of evaporation. He described issues relating to Lakes 

Superior, Huron, Ontario and the St. Lawrence River. He said efforts to develop a plan to regulate 

water levels in Lake Ontario did not meet with support and this work is starting afresh. Mr. 

Messervey said the province had spoken to the International Joint Commission about the 

absolute necessity of the involvement of Ontario First Nations. A recent study by the IJC 

examined the impact of dredging in the St. Clair River on Lake Superior and Georgian Bay. He 

spoke about the need for a better network of monitoring stations particularly in the Far North of 

Ontario to monitor streams and lakes in order to issue flood warnings for example or to consider 

drought and changes in lake levels. This is another opportunity to engage with First Nations. 

Andy Fion, Director of Ontario Geological Survey Branch, MDMN 

Andy acknowledged Chief Sayers, Regional Chief Toulouse and the welcome he received and 

spoke briefly in Ojibway. He said to the Elders your presence brings a balance and wisdom. He 

said his presentation will speak about geology, which is really only one view of the land, The 

intent is to talk about what the Ontario Geological Survey (OGS) does and how we can come 

together with our different understandings of the land, neither of which is right or wrong, to 

develop a more holistic view that will help deal with the challenges that face us. 

The OGS studies the geology by using our eyes to look at rocks and soils, to understand the 

processes that formed the earth and the deposits left behind in the land. It’s about data collection 

to try to understand the story hidden in the rock and the soil. This information is distributed for 

people to use. In some cases the products are very technical and sometimes we try to change it 

into a language that has meaning for communities we are working with, such as First Nations 

communities and that may involve translating into the local dialect. The OGS also works in 

collaboration with others such as universities. 

He then explained the relationship of water to the study of geology, in understanding rocks and 

soils and how these are formed or shaped by water and water flows. The land forms are a kind of 



cradle that holds the water. He then talked about an initiative using various techniques including 

three dimensional mapping to look at water below the surface to understand how that cradle 

holds the water. This work looking at water (such as underground rivers) and land formations 

below the surface can show areas that are vulnerable, and suggest looking at these areas 

differently because they are the source of the water that goes into the land, water that we rely on. 

These formations can say something about water quality and areas that need protection. There 

can be a relationship between the rocks themselves and the quality of the water. 

He then described work to learn how to better work together with First Nations through 

engagement opportunities to enhance communications and collaboration. 

He said: Often there are agreements, technical collaborations, and communication projects. An 

important part of the work is to develop a shared understanding of the words we are using and to 

learn from each other about different views of the land. Most of this work has taken place in the 

Far North following the lead of communities and the advice that they give to us. There are a 

number of other inputs in the planning process, so the pitch today is to see if there is another way 

of looking at the earth. If there is an interest - understanding the geology may help. This is 

perhaps the time to ask ourselves whether this is the time whether we want to open new ways to 

work together. 

Rhonda Gagnon, Water Policy Analyst for Union of Ontario Indians 

is originally from Dokis First Nations and described her educational background in environmental 

protection and science and said her presentation is about the Great Lakes-St. Lawrence River 

Basin Sustainable Water Resources Agreement. She began by explaining that the Creator gave 

the Anishinaabe the responsibility to look after Mother Earth and all her elements and water has 

sustained the life of Anishinaabe since time immemorial. First Nations have treaty rights and 

aboriginal rights with respect to all waters including the Great Lakes, inland waters, rivers, 

streams, springs, and other surface waters. All Anishinaabe women have an inherent role to be 

the traditional keepers and spiritual protectors of water given that the water has a responsibility to 

purify, cleanse and give life to mother earth and all her creations. 

Historically First Nations have occupied and lived around waterways, which had various usages 

as a food source for fish, farming, a drinking source, washing, transportation, traditional uses and 

ceremonies among others. Today in Ontario alone, there are over 60 First Nations in the Great 

Lakes watershed. 

Ms. Gagnon then gave an overview of First Nations communities living within each Great Lake 

watershed: Lake Superior has 11 Anishinaabe communities; Lake Huron has 24 Anishinaabe 

communities; Lake Erie has 2 Anishinaabe communities; Lake Ontario has four Anishinaabe 

communities. 

She drew the attention of the forum to various Treaties, acts and regulations relevant to the Great 

Lakes protection. These included: 

• The 1909 Boundary Water Treaty which gave authority to Canada, U.S. and the 

International Joint Commission to approve or not approve proposed water diversions 

from the Great Lakes or other shared waters 



• The Great Lakes Charter of 1985 (a good faith agreement and from which First Nations 

were excluded) 

• The Great Lakers Charter Annex, 2001 another good faith agreement to affirm the 

principles of the Great Lakes Charter and to strengthen commitment to protect Great 

Lakes basin waters through binding agreements and from which First Nations were 

excluded). 

A significant event took place on November 23 rd 2004, when the First Nations of the Great Lakes 

Basin gathered to discuss the future of the Great Lakes. They asserted their jurisdiction and 

rights over the Great Lakes and basin waters as First Nations wanted to have full participation to 

protect the Great Lakes. 

Ms. Gagnon then went on to discuss the Great Lakes - St. Lawrence River Basin Sustainable 

Water Resources Agreement (the Agreement) signed in December 2005. This time tribes and 

First Nations were included. She referred to a similar agreement called the Great Lakes Basin 

Water Resources Compact. The main goal of the Agreement and the Compact is to protect the 

Great Lakes and the basin from diversions and exports, develop a water conservation and fish 

program, build a science strategy to support decision-making and consult tribes and First Nations. 

The Anishinaabe position on water is to take a leadership position on all water resource issues. 

She said: We are dedicated to provide support to our member First Nations on all water resource 

issues. This can include water quality and quantity, drinking water, water and watershed 

management and the management of all mother earth creations that rely on water. 

She also said: Our goal is to discuss the issues, exchange information, facilitate a common 

understanding and develop some options for the resolution of issues. The Anishinaabe Women’s 

Water Commission appointed on March 24, 2007, by the Grand Council Chief is to play a key role 

in raising awareness of the Great Lakes Water and the impact to its quality and quantity. The 

main focus is to provide advice to the Anishinaabe leadership on all water issues and to share 

their traditional knowledge, teachings and values. On February 24, 2008, Chief Isadora 

Bebamash of M'Chigeeng First Nation was appointed as the political representative of the 

Commission, to strengthen the leadership role in the area of water policy. On March 27, 2007 the 

Union of Ontario Indians and the Ministry of Natural Resources entered a MOU to strengthen the 

collaboration with respect to the implementation of the Great Lakes agreement. The Anishinaabe 

Nation is committed to working with the MNR in a positive solution based approach to solving the 

issues of concern. The goal is strengthen collaboration with respect to implementation of the 

agreement and we are doing that by enhancing the exchange and development of policy, 

technical information and hopefully by applying traditional Anishinaabe knowledge, principles and 

perspectives to policies, regulations and legislation. Our roles and responsibilities under the MOU 

include holding an annual meeting between the Grand Council Chief and the Minister of Natural 

Resources to discuss implementation of the agreement. We established an agreement 

implementation committee, which oversees the workplan both parties are to work on. All 

communities are welcome to attend regional body meetings. 

Ms. Gagnon then spoke of various activities such as encouraging the participation of other PTOs 

and relationship building relating to water initiatives. She said many First Nations have identified 

many water issues within their areas. These range from invasive species, decline of natural 

fisheries, contaminants, pollutants, nutrient loading, viruses and bacteria, wetland loss, 

diversions, consumptive uses causing depletion of water levels, species at risk, dredging, climate 

change, flooding and drought. From all this we know that First Nations’ traditional way of life is 

being severely impacted. Water quality affects the health of youth and Elders. Our communities 

need infrastructure upgrades and facilities to deal with growing population. 

Ms. Gagnon then reviewed many of the activities she has been involved in such as the 

Anishinaabe Ontario Resource Management Council (AORMC) Anishinaabe Traditional 

Knowledge and Water Conference. She also mentioned that the Grand Council Chief invited the 

Minister of Natural Resources to participate in a traditional water retreat (held on June 20, 2008 



and hosted by Whitefish River First Nation) so the Minister could understand and learn the 

traditional Anishinaabe approach to water and water issues and the Nation’s goal of comanagement. 

Ms. Gagnon also mentioned that she is in the process of developing a First Nations 

Water Network which is intended to enhance communication between First Nations and 

community members on water issues; can be a forum to review major water proposals and other 

major initiatives focusing on the Great Lakes Basin. She is looking for more people to join the 

network whose purpose is to educate and increase knowledge, exchange water information and 

possibly to allow input of Anishinaabe traditional knowledge in water resources. She then 

described in more detail her duties and responsibilities and gave several suggestions on what 

First Nation members could do on water issues such as getting involved and becoming 

knowledgeable on water issues and being a role model for youth. 

She said: The pollution and degradation of our watershed and waters has had a severe impact on 

First Nation communities and our ways of life. As we all rely heavily on the health of all waters, 

the Anishinaabe Nation has taken the responsibility for the water and by doing so, will continue to 

raise awareness, educate, protect and preserve our Treaty rights and jurisdiction over water. The 

Anishinaabe, we need to take back their responsibility for the water and support the incorporation 

of Anishinaabe laws within communities and support the incorporation of traditional laws into 

policies, legislation and regulation, get First Nation communities involved in water management 

planning as equal partners or co-managers and involve our youth so we can increase their 

understanding. She then referred to future developments including planning for a Basin Wide 

Traditional Water Forum for October 2009. 

A discussion session then took place in which the following points were made: 

• There are many other good faith agreements such as the Treaties of 1850 but these 

raise the question of who gave the province jurisdiction over water? The province does 

not have jurisdiction. Maybe we (as Anishinaabe) need to consider sending an invitation 

to the province to work together. 

• While provincial officials here cannot address the question of jurisdiction, the province 

feels that in its recent efforts it is attempting to correct deficiencies in the relationship and 

have a legitimate commitment in the Great Lakes Agreement to work with First Nations 

and the U.S. tribes collectively, as we realize the benefit and strength of working with 

you. 

• The science that the province speaks to at that table is below our sacred and spiritual 

knowledge. That’s one of the fundamental, philosophical differences that we have and 

the change has to come from the visitors. You have tried to change us for a long time 

and you have not driven the spirit out of the Anishinaabe. You have to tell your ADMs 

and your Ministers that you have to do something different. This is really unacceptable. 

• The province says there has been a growing recognition and hopefully the province’s 

presence here today is evidence of desire to draw from your teachings and to work 

together to build on those teachings. The province has talked about working with First 

Nation organizations so we can learn form you and working with the Women’s Water 

Commission is one example of this commitment. And we also recognized in the Great 

Lakes Agreement that tribes and First Nations are a fundamental part of the process of 

going forward. 

• The question arose again of how the province thinks it acquired jurisdiction of the lakes. 

Provincial officials said they could not speak to jurisdiction but said could speak of the 

responsibilities they have flowing from legislation. It was noted that the province does not 

have sole jurisdiction or responsibility and no one does. The province is interested in 

facilitating the involvement of all with interests in the Great Lakes including the 60 First 

Nations. 

• In answer to a question about First Nations who are not part of the UOI, the province 

said the MOU with UOI recognizes the need to find the best way to work with all First 

Nations. The UOI MOU is a starting point for us. 



• We are investigating your Ministry as we are the Ministry of Natural Resources and we 

may be charging people who are infringing on our lands and territories. 

• The drum and the Elders were acknowledged. There is an overall concern for the water 

quality and the state of water resources in Canada. We have our share of water 

concerns where I come from – it is undrinkable and there are water advisories affecting 

almost all of the lakes now around our communities in Northwestern Ontario that it is no 

longer safe to drink. It seems the economy takes precedence over the state of the 

environment. That is the way we have seen the government respond to situations. The 

recent federal election shows this, how it shifted from a concern over the environment to 

the economy. 

• There was a discussion of the severe shortage of water throughout the U.S., the 

pressure on water reserves in Alberta and Saskatchewan, and whether people are really 

looking at taking water from the Great Lakes to meet those demands. Provincial officials 

said they are not aware of any current plans to do that. They said there is Legislation, as 

well as agreements, to prohibit the movement of water outside the Great Lakes Basin. It 

is important to discuss proposals for development requiring a demonstration that there is 

a viable water supply that is sustainable. In Ontario now before any new proposal for 

consumption of water you have to show first how you have exhausted all efforts at water 

conservation. 

• There was a question about funding of the First Nations Water Network to ensure all 

First Nations can participate. Funds have been provided to set it up only and hopefully 

the province will provide money to keep it running. Can’t see how First Nations will be 

able to talk to you without money. Even one First Nations with 1.2 million can’t keep up 

with all the papers and requests. When I hear all the provincial explanations about how 

First Nations can take part, the problem is there are no funds to do so. 

• The question was asked on water quality and quantity flows, who enforces those plans 

and what are the penalties for example regarding the requirements set by a board 

established by the International Joint Commission. Deviations are allowed to certain 

levels but if there is a major deviation it is left to both federal governments to take up. 

When Akwesasne has reported problems, they have been told, no there is no damage. 

This demonstrates you can have a nice plan but if nobody actually enforces it then you 

are transferring the liabilities back to the communities. With 2-3 million for the First 

Nations Water Network, you could probably do a really good job for all of Ontario. 

• I attended Great Lakes Governors meeting in Chicago a few years ago regarding a First 

Nations table to look at the Annex but was disappointed to see only two First Nations 

Chiefs there. It is an enormous responsibility we inherited as Anishinaabe to look after 

the Great Lakes. I explained there that that was the wrong place for our issue to be 

looked at. At no point in history did we ever abrogate from our initial inherent 

responsibilities. We have a process. We will drive the boat and you can row. You cannot 

decide. You will not have a vote at our table when we decide how to move forward on 

Great Lakes Water. You ruined that opportunity just looking at the status of the Great 

Lakes today and we cannot look at any continued erosion of our mother and the waters 

therein. They assured me there was a forum, a process for our input and there was 

seriousness to the value of our information. Since that time, we as Anishinaabe will 

always says that ceremony must always be incorporated when dealing with water, have 

to have tobacco, have to have Elders and use traditional knowledge but every place I go 

around the Great Lakes I have seen nothing, nothing that relates to our input. 

• The question was posed to provincial officials how First Nations input has been reflected 

in the processes and the questioner said I don’t want to hear the word engagement or 

the word consultation. I want to see implementation, accommodation. How did you 

accommodate our position to date? The response from the province was in several 

ways. The meeting in Chicago spawned two additional meetings of what became the 

United Indians of Great Lakes concept and a protocol was established at those two 

sessions and led to provisions in the agreement –see article 504 in the agreement that 

sets out clearly a process that provincial governments are committed to work with you. 



Further, as we look at water conservation commitments and gathering ATK and science 

to make decisions involving everyone. As we prepare to look at proposals from 

Wisconsin and other states we have a process defined to ensure your voice is part of 

any position. We acknowledge there is still work to be done to ensure all communities 

are involved. 

• Regarding the Great Lakes Agreement, all jurisdictions were to come up with 

implementing legislation and Ontario still has not done anything. We got a call the day 

before the province planned to introduce legislation. There was very little information on 

how Ontario was going to implement that accord. The representative from Michigan was 

calling for a review of the accord because of loopholes he perceived for corporations to 

allow them to export water, to take from Great Lakes. This started with Batchewana 

when we found out were going to bring in tankers to remove water. This is what led to 

the Great Lakes Accord. Then we found out about Chicago had taken water from Great 

Lakes, and the scraping in St. Clair River that led to erosion of Great Lakes. After we did 

our ceremonies, the water level on Lake Superior went up. There is tremendous power 

when we work with the spirit world. What our Elders and lawyers tell us, there are two 

ways for our jurisdiction to be recognized – there are nice letters and forums like this; 

and there is direct action on the land. We can wait so long for action when we write 

letters and sit at forums. At some point, we have to take action, we have to be on the 

land when we see things that are not aligned with our sacred law and our natural law, 

and we have to take action to stop those. We have to do that. You will see that when 

there is damage being done to our environment that is enormous and the Crown is 

endorsing, we will be taking those types of action to ensure those things stops. There 

was never any plans form our people to co-manage the Lake and you can see why given 

the great damage inflicted on the lake as a result of the actions of the Crown. We can’t 

endorse a co-management plan for the Great Lakes. If we see any encroachment on our 

Treaty or any infractions by bulk carriers like dumping their bilge water in our Great 

Lakes or sewage like Sault Sainte Marie, we are going to take strong action to stop that 

stuff. The Crown cannot continue to take control of this. You cannot construe what we 

are saying today. We have expectations on how you will engage us as a sovereign 

government, a sovereign government with a Treaty with the Crown. 

• We have to go beyond Ontario. Pollution is the cause of deterioration of water. Ice caps 

are melting pretty fast. I believe clear cutting is heating the lands, causing the ice caps to 

melt faster. Most water comes from the mountains and through underground streams. It 

is the lifeblood of the mother earth. We have to have real good look at pollution first of 

all. The lakes are very important to our people and to all people. 

Arnya Assance, Anishinaabek Ontario Resource Management Council (AORMC) 

Ms. Assance noted that yesterday the question was posed; how can we assist? It seems pretty 

clear that Anishinaabek have a deep and sacred relationship with the land, which includes the 

land, the water, the air, plant life and animal life. Everything has a spirit. She asked everyone to 

pause and think about that. 

She said: When we look at our land and our resources, our connection is based on our 

spirituality. Everything is based on spirituality and ceremony as we heard over and over yesterday 

and today to who we are as Anishinaabek people. Mother earth is sacred. In a modern day 

context, something so sacred cannot be owned or exploited. According to our teachings the 

Creator gave the Anishinaabek the gift of intellect and free will. These gifts are to be used to look 

after our mother earth, which includes land, water, air and all life. As we have heard Anishinaabek 

women have a responsibility for the water. In a modern day context that means for harvesting and 

conservation, offering your tobacco, taking only what you need and waste is forbidden. To 

highlight an example, of Anishinaabek doing the work that need to do, our grandmother and Chief 

Commissioner Josephine Mandamin has taken it upon herself as her life work to protect our 

water resources and she has physically walked around each and every Great Lake, carrying a 

pail of water, doing the work that she needs to do. In August of 2008, Time magazine had a two 

page spread highlighting Josephine and her walk around the lakes. 



Ms. Assance mentioned the importance of goals in working with government and identified the 

following: recognition of jurisdiction, treaty and aboriginal rights, protection of natural resources, 

conservation and sustainability, economic development through access to natural resources in a 

manner consistent with our principles. She noted how many of these goals have been mentioned 

repeatedly in this forum. 

She said: The Anishinaabek perspective of the AORMC is that we never gave up our rights to 

access resources and have never relinquished our responsibility over the land. In answer to the 

key question – who has jurisdiction? – from our perspective, we do. Land planning initiatives have 

greatly impacted Anishinaabek First Nations and Anishinaabek First Nations are not opposed to 

development. 

Land use planning processes must reflect traditional uses of First Nations people. Processes 

must ensure continued ability of Anishinaabek to exercise their rights. Aboriginal and Treaty 

Rights must be upheld above all. 

The need for the AORMC was explained as follows: 

• Address policy concerns of Anishinaabek Nation 

• Impacts to lands and cultural values 

• Economic opportunities have been missed 

• Education and awareness (through working groups for example and the Anishinaabek 

News) 

• Identifying an alternative that reflects a relationship with Ontario. 

The establishment of the Anishinaabek/Ontario Resource Management Council is seen as a first 

step in moving towards a model where the development of land and resource related policy is 

done in an environment of real partnership and is respectful of the need to develop consultation 

processes at the First Nation level. 

Ms. Assance then described how the AORMC works. She said this body brings together 

Anishinaabek Chiefs and senior officials from the MNR. The AORMC is supported by five working 

groups with equal representation from Anishinaabek and MNR: Enforcement, Fisheries 

Management, Forestry, Lands, and Water Management. She then displayed a slide showing part 

of the AORMC Structure. The AORMC also works to 

• Jointly identify areas of concern 

• Creates opportunities to jointly develop solutions 

• Requires strong communications within both organizations 

• Jointly develop products for consideration by the Council 

• Key Achievements – Water Policy Forum, Consultation Guidelines, Forest Framework 

Agreement, Great Lakes Charter Annex, Enforcement, etc. 

The Anishinaabek Nation Grand Council and the Province of Ontario supported a jointly signed 

Letter of Intent to do the following 

• Significant reduction in local/provincial issues 

• Improve working relationship and communications 

• To act as a forum for introduction of policy initiatives 

• Provide an opportunity to initiate discussions to be carried forward 

• Sustainable funding 

• Managing expectations and clarifying role ongoing challenges. 

She said: The AORMC is an innovative move by the UOI and the Province of Ontario. We feel it 

is an invaluable relationship building mechanism for leadership and staff. On-going commitment 

and support is required from both parties. As of March 27, 2007 – the AORMC has been signed 

for three years and will need to be renewed by March 2010. 



Lillian Trapper, Moose Factory, Land Use Plan Coordinator and Head of Lands and 

Resources Department 

The Lands and Resources Secretariat (responsible for land use planning) was established in 

2000. Part of the mandate is to protect the Moose Cree territory and homelands. In order to do 

this, we needed to know what areas people were referring to in our community so we did an 

occupancy study. We asked our Elders where our people lived before we went to live on reserve, 

on which rivers. We interviewed about twenty-five Elders and went through nine drafts of maps. 

We went back to the ways we occupied the land and the political social structures that we had. 

The map we developed shows the area we want to take responsibility for. When I say 

responsibility, I don’t mean real estate. There are areas within this map that are shared areas. 

Some people have transferred to other First Nations. Sixty-two family areas were identified. This 

was done by dialect. Moose Cree has a distinct dialect used to identify Moose Cree families. This 

has nothing to do with the MNR trapline system. This is not a government system. This is ours. 

This was done from the memory of our Elders within our own knowledge system. There is a 

government line that divides this territory in half. The southern part of the territory is called the 

area of undertaking where the government established a land use plan without consultation. Land 

use planning now is taking place for the northern part. No environmental assessment has been 

done yet. The northern part is the area we’re supposed to be focusing on but that is difficult when 

the water doesn’t stay in one part of the territory. 

In the southern part, there are forest management plans, settlements, mills, mining sites 

(exploration). For the northern part, we are looking at waterways as part of the land use planning 

as well as wells and mining. There are about eleven different issues in our land use planning 

recognized by the community and water is one. We have four advisory groups as part of the land 

use planning process – men, women, Elders and youth to help us do our work. As part of our 

responsibility to protect our homelands, water is the number one priority, as addressed by the 

community. Around 2002, we got support from Chief and Council to protect the North French 

River Watershed which runs north-south roughly in the middle of our territory. This watershed is 

the last clean watershed in our territory. There is no resource development on this watershed. We 

look at it as one of our last clean drinking sources. The people in the community are concerned 

about our water that is coming from the Missinabie, Matagami and Abitibi Rivers. There are 

developments, settlements and mills on the river and there is concern there. So, we have taken 

the initiative to protect the North French River watershed. We are doing this on our own. The 

people are doing this. 

We started collecting values from our people in the community of what’s in this watershed. This is 

the first step in collecting knowledge on this watershed. We interviewed only ten people so far. 

We haven’t done any western science yet. We will do this later. We will do our own science first. 

We have two reserves, one on Moose Factory Island and the other is at the mouth of North 

French and Moose River. There are about three thousand people on the island, two-thirds of the 

island is the reserve. Studies show that in about ten to fifteen years we will run out of space. We 



will have to find another place to set up our community. So this is one of the things I keep in mind 

in thinking about water and ensuring there is clean water for our future. 

We held a water gathering in February in James Bay, and some of the recommendations related 

to the James Bay. People are concerned about the bay because of all the developments that are 

happening and that are planned. In Quebec there are mega-hydro projects happening. MNR is 

looking at other hydro projects on the Ontario side. Mining is another issue. DeBeers is going to 

put a big hole in to take diamonds out. There is a lot of concern about that and about climate 

change, and impacts from the melting of the glaciers. James Bay is connected to the Arctic. We 

had other recommendations about education and youth awareness. This is what we’re doing at 

home as Moose Cree and what works for us in terms of land use planning. 

Howard Cardinal, Water Keeper, Elder from Saddle Lake First Nation 

The people of Ontario, the Chiefs of Ontario, invited us to talk to you. We are very honoured, my 

nephew Tony and I, to travel and talk about the most precious thing on this earth – water. 

There is a lot of talk about pollution and climate change and many things. One of the things that 

has bothered us over my life time (I am now 75), when we were growing up on reserve, we had a 

farm and one of the problems we had was a lack of water. The purity of land was clean then but 

in the last 60 years it has been going down. In the last 10 years, the people at Saddle Lake 

issued their own boil water advisory because the water is killing our people. One of our biggest 

concerns is the sicknesses – the cancers, diabetes. You name it, it is in that water. We are 

getting sick from our water. 

Today I am fighting cancer in my oesophagus. I am a fighter and am using natural herbs. I have 

been offered ‘chemo’ but I said I have enough chemicals in me already, why should I put more 

deadly chemicals in my body. Our native perspective as Susan negotiated with us for us to be 

here, is to share these three days of meeting for listening and learning. I am learning everyday 

myself of how things are done in different parts of the country. It is a big beautiful country. It was 

a clean country one time, that’s why it is called Kanata. 

One of the problems rights across the country is drinking water. You have chemical disinfectants 

in these plants. There are better natural ways to clean water. We use our customs, our traditions, 

and our language. We need to learn that and get our young people to talk about that and then we 

can talk about our health and how we are going to clean this water the natural way, the biological 

way. 

We are working on a small lake and get water supply for 7000 people. It has got everything you 

have in Great Lakes you can see in Saddle Lake. I and Tony (Steinhauer) work with scientists. 

We work with a small lake, surface water. The lake is three miles long and about a mile wide. 

That’s where we get our water supply for seven thousand people. They go through a lot of water 

and it has everything that you see in your Great Lakes and your rivers, we have it also in Saddle 

Lake. With the oil industry we are fighting pollution whichever way we turn – whether surface, air 



or underground. By going back to our traditional customs, we call ourselves the water keepers. 

The men, the Elders are the traditional water keepers but we include the women. We don’t put 

them behind us or higher than us. They work side by side with us and give us instructions if we 

make mistakes. We need to go back to the natural way. And the first thing was to know 

ourselves. Who are we? I am a Plains Cree Indian. I speak my language. I do ceremonies; I do 

sweats, and join others, to do powwows, dances and other ceremonies. We have to go back to 

that way. As we went back that way we learned that water is the most precious thing on earth. 

Each and every one of us is 75% water. The rest is food and air. We get our heat naturally from 

the sun. We absorb that sun to keep our body warm. These are the four elements scientists 

identified as life as we know it. The health of the people at large is the number one issue. 

At the beginning, when we had to do something about it, we have had many, many arguments 

with the government. We said you are not telling us the truth about what is in the water so we 

decided to study it, including their scientists and our people. We’re smart enough like their 

scientists. We studied this water, broke it down. We found out very fast what kind of pollutions, 

chemicals, sugars and cancerous sulphurs are in the water that we are drinking every day from 

water treatment plants. It is wrong to chlorinate water. Why do we need more chlorine? They say 

it will save your teeth but I have lost mine. Believing in that chemical was not the right way. In our 

water treatment plant, we still have stacks of chemicals used to treat water. We have to mix the 

water with chemicals to clean it. Water needs to be clean but not with chemicals. 

What I came to share with you is that in the last two years, we have a pilot test of a biological 

system using the natural sands and gravels. We tested many different sands. We used 

membranes. We used reverse osmosis. At the end of that process, that water is cleaner than 

bottled bottle. It is full of oxygen, full of life. 

That is what it is all about – to have good clean water in each community. In Canada, there’s over 

600 reserves and two-thirds are drinking polluted water, chemically treated water and we wonder 

why we have so much sickness. It’s a two-fold thing we are trying to do – to clean that water so 

we can be healthy, and get away from these diseases, rather than using chemical drugs. 

The future of Native people lies each in our territory with our own languages and cultures but we 

have walked away from that trying to be like our white brothers but we can never be white. This 

water is now a human right in the United Nations. It always has been and always will be. We have 

to take back whatever the government has tried to take away from us. We never negotiated to 

give this water, this land. We only negotiated to share six inches with our white people. But 

they’re a little bit on the greedy side and shoved us to the sides, where we cannot be seen. I 

know there are a lot of people in Canada that live like in third world countries, poor, not enough to 

eat because all their livelihood, their wildlife, their fish, their birds have been taken away from 

them and destroyed. All that we get now (and are used to seeing) is fast foods. The stores say 

they have food for sale but a lot of that food is junk food. We have to grow our own food, our own 

vegetables and to clean up our waters so our fish can be healthy again. 

I hope I have shared some our traditional ways, our customs that we go through. When we get 

back we have to do a ceremony, a sweat. We have that same spiritual being that lives in the 

water and looks after the water all over the world. We listen to it talk and that is what we rely on 

for our information. The last time we talked to them, he said pollution in the air, he did not like 

that. And underground pollution, people just spilling chemicals and waste. You can see the lakes 

are not as healthy as they used to be. This is a big loss. It involves our lives. Hundreds of 

thousands of people live off those lakes, rivers and streams. 

Our way of life of fifty, sixty years ago has diminished – fishing, hunting and trapping. That 

livelihood has disappeared. But the oil industry, the chemical industry and the manufacturing 

industry doesn’t care so long as they see the green buck piling up everyday. Their god is money. 

The Indian way is to share with one another, to talk to one another, to respect one another. But 

we have to take the responsibility on our own, to say that we are going to clean up our backyard, 



the garbage in the lakes, rivers, streams and the air. We are going to do it. Never mind waiting for 

government. The government will always says no because they are not telling the truth about 

what is happening. Since the Treaty was signed they have been breaking the Treaty from the first 

day and have been breaking it ever since. We have to do it ourselves. We can’t rely on our big 

brother to do it as he is only in it for the money. With Tony’s presentation I hope you will learn 

what we are doing to clean up the water. 

On January 15, 2009, Howard Cardinal lost his brave battle with cancer and he moved 

himself to the great hunting grounds. Despite the toll the cancer was taking on his body, 

Howard travelled the great distance from his home in Alberta, because he felt it was 

important for him to be able share his experiences with us. We must all continue to work 

toward the day when all Aboriginal peoples will have access to clean and safe drinking 

water. 

Tony Steinhauer, Water Keeper, member of Saddle Lake First 

Nation, Honourary board member of the Safe Drinking Water 

Foundation, member of Advanced Technical Water Training Team 

Mr. Steinhauer said “it is a great honour to come to your territory”. He 

praised the chiefs, the Elders and the Queen’s representation in the 

audience. He said he came with an open heart, the number one 

teaching our forefathers have left us - to love one another. 

Mr. Steinhauer said: It has been very difficult travelling. H 2 0 is no longer what it is. I have been 

labelled; I have been deemed a troublesome character because I have rejected the policies and 

methods of water treatment that are harming Canadian civilization. 

He indicated he would speak of when safe drinking water is an illusion and the struggle to make 

safe drinking water from some of the poorest quality water sources in the world. He quoted Chief 

Rolling Thunder who said: “It does not take many words to speak the truth.” Mr. Steinhauer said 

today he is seeing it – men who get paid a salary not to understand. 

He said: There is a Declaration from the United Nations saying that safe drinking water is a 

human right yet 80% of all illnesses and 35% productivity is lost in developing countries due to 

water borne illnesses. We don’t know how much water borne illnesses occur in native 

communities in Canada. But Health Canada knows this but they never tell us. Under the 

Canadian Water Quality Guidelines, 53 are health-based, 17 are aesthetic and 8 are health and 

aesthetic. Cities address most of these parameters. In Indian country, less than 10% of these 

indicators are tested for. Current drinking water quality standards are aimed at water obtained 

from relatively uncontaminated sources, and thus, cannot be relied on as the sole standard of 

safety according to the U.S. National Research Council in 1998. 

Why worry? Because microbes cause illnesses – blue-green algae, bacteria, viruses and 

protozoa. To me these are people that live in the water, just like man walks on earth – you’ve got 

the red man, the yellow man, the black man and the white man. On earth we can’t get along but 

in the water these people get along and live in harmony. 

Whether for surface water (direct filtration) or groundwater (manganese greensand) large 

quantities of treatment and disinfection are required and water is still not able to meet the 

Canadian Water Quality Guidelines. 

But a different approach has already been implemented. Yellow Quill demanded and INAC 

approved the design of Yellow Quill’s water treatment plant to meet both current and future 



Canadian Water Quality Guidelines, not just 10% of the current ones that many reservations are 

able to comply with. Today the Chiefs and Councils of the land are directly responsible and liable 

for the drinking water sources. Yet looking back how was Yellow Quill’s new plant possible? They 

were on a nine year boil water advisory makes the water safe to drink. I beg to differ. I encourage 

you to go onto the science websites. You need temperatures of 260˚ centigrade to extinguish the 

parasites and pathogens in the drinking water. By the time you reach those temperatures there is 

nothing left in the pot. Or you can freeze it to 90˚ centigrade. Chief Hank Neapetung did not 

believe that Yellow Quill’s water presented problems for the first five years. Environmental health 

officials became concerned about Yellow Quill and the diseases caused by water. This is where 

Dr. Hans Petersen of the Safe Drinking Water Foundation was asked to go in and do an 

assessment by the Department of Indian and Northern Affairs Canada. He went. When he 

opened the door, he could not believe what humanity was ingesting. There were four Elderly 

band members who launched a class action lawsuit. The federal government immediately used 

twenty lawyers to battle Yellow Quill’s lawsuit as it was concerned about with liability in terms of 

water would be more costly than the residential school system. Well, what are they going to tell 

us today? They are going to tell us we’re sorry. I pray that one day the Chiefs of Turtle Island can 

become united as we were one time from yesteryear when our forefathers helped and assisted 

from the west coast to the east coast. We came together to be united. Today we are put in 

cardboard boxes from various Treaties. It is difficult to come here and speak about water. It is 

dangerous. I feel like I am an alien coming to your territory. 

Federal government “solutions” - Health Canada did various tests for E coli, coliforms, free and 

total chlorine residuals and nitrates. This is less than 10% of the Canadian Drinking Water 

Guidelines and cannot determine if the water is safe to drink. Their solution? – to move liability for 

drinking water safety to reservations through Contribution Agreements. This is what they’ve done 

and I encourage the Chiefs and Councils to talk collectively within their communities and with 

their water treatment plant operators about problems. I will show you how to go about those 

steps. The Safe Drinking Water Foundation showed that the boil water could not be lifted even 

when there were no more coliforms in the water. How could this situation have gone on for so 

long? Dr. Hans Peterson was amazed. The magic? – the rubber boot test. Health Canada should 

add rubber boots to its arsenal of test methods. They need to be extra tall. When cleaning the 

treated water reservoir at Yellow Quill, a foot of semi-solid ooze covered the entire reservoir 

bottom. During low water reservoir levels, this ooze contaminated distribution lines including 

household plumbing. 

Mr. Steinhauer then showed a picture of the ooze and a picture of Yellow Quill’s maintenance 

team and the water keeper and the engineer who helped fashion the water treatment plant. He 

said: This ooze exists where we are. I encourage you when you go home to check your toilets. 

What is in the tank is what in our abdomens and intestines. 

He then discussed the concept of due diligence. The federal government’s inadequate testing 

and lack of proper action for drinking water on reservations does not remove it from liability. Due 

diligence means that anyone who knows something is wrong, has to deal with it within their own 

capabilities, and if no action is taken, can be held legally liable. 

Mr. Steinhauer described a scenario by which Chief and Council can become liable for unsafe 

drinking water: Chief and Council assumes drinking water liability and gives its authority to its 

Director of Public Works, who gives their authority to the program manager for drinking water who 

gives their authority to the water plant operators. Now the water plant operator flags this up to the 

top, to Chief and Council. The Chief and Council ignore the problem. Band members fall ill and 

sue Chief and Council. Chief and Council can be held liable in a court of law and may required to 

pay damages to affected band members. 

He said an Elder from Saddle Lake imposed a boil water advisory in May 2004 and he was 

permitted by Chief and Council to seek an independent lab analysis. When the lab analysis came 

back, Mr. Steinhauer directed it to the Canadian Environmental Law Association and a meeting of 



seven lawyers was convened who told us about due diligence. The Chief and Council were 

informed and our own boil water advisory imposed which still stands today. Health Canada came 

in September of that same year and imposed a boil water advisory. 

Mr. Steinhauer then described Yellow Quill’s solutions to address their problems: 

1. Demand that treated water quality meets future Canadian Drinking Water Quality 

Guidelines and which are to become as stringent as U.S. and European regulations. 

2. The carrying out of a pilot study and research and development led to the development of 

an Integrated Biological and Reverse Osmosis Membrane process (IBROM) that is able 

to remove compounds both within, and in addition, to Guideline requirements. 

He said the end result is peace of mind for Chief and Council, Public Works, Water Treatment 

plant staff and INAC. In December 2003, Yellow Quill’s new water treatment plant was 

commissioned. After the reservoir clean up, a quarter was tossed into each of the three reservoirs 

and at a depth of 3.6 metres, they can be seen today as clearly as when they were put in. 

Mr. Steinhauer said of the twelve elderly people who launched a class action lawsuit, there is only 

one who saw the new water treatment plant. Even the Premier took notice and congratulated the 

Chief. Yellow Quill was invited to speak the UN and a documentary was made. There are t.v. 

radio and scientists coming to Yellow Quill. He said: Saddle Lake expressed an interest to try 

and repeat the success at Yellow Quill. We found we could not mimic the same result. We spoke 

to the Elders and they said do not use any chemicals. We spoke to scientists in Madrid, Spain 

and they fashioned us a rock. It’s never been done anywhere and we’re using that today. 

He said: Compromised raw water sources need better, not inferior water treatment compared to 

large cities. Currently, most reservations have inferior water treatment systems. These large cities 

take hours and hours and hours before they get their water out of a tap. But in Indian country, 

within five minutes, we are expected to drink the water. 

Mr. Steinhauer then showed pictures of raw water sources at Saddle Lake, at Yellow Quill 

Pictures, of compromised water sources with dissolved organic carbons on the water that feed 

the bacteria and parasites in the water. 

He said: We have to be able to safely remove these dissolved organic carbons from the water. If 

we do not remove them and then add chlorine, a disinfectant, it becomes carcinogenic. We had a 

concern with green algae – that’s why we couldn’t mimic Yellow Quill. Because the green algae is 

deadlier than the cobra snake venom. It is a toxin that has to be removed from the water. After a 

meeting in his office with me, Dr. David Schindler agreed to come to Saddle Lake. What he said 

about Saddle Lake’s water source was “I’ve never seen a water supply in such poor shape. The 

lake is covered with blue greens, which make mats near shore areas. Yet this is a drinking water 

supply for several thousand First Nation people. This is a story the city people need to hear and 

see. They cannot imagine that we have water problems of this magnitude in Alberta.” 

Mr. Steinhauer then showed various pictures of clean and contaminated water sources in Alberta. 

He stated that while they have successfully removed coliforms and other contaminants, they still 

have a problem with dissolved organics and viruses in our water that we cannot remove, and 

which cause cancer. While Health Canada said there was no money for research and 

development and laughed at us, several countries want our help. He went on to discuss the 

dangers of chlorinated water and other particles that are not addressed by current standards in 

Canada. He spoke of a Declaration the Saddle Lake made as a sovereign nation: Saddle Lake 

intends to implement drinking water statutes that follow regulatory statutes already in place in 

Canada and internationally. In addition Saddle Lake has become aware of problem compounds 

that can create havoc with water treatment processes and compromise disinfection of the water; 

these compounds are not enshrined in drinking water statutes anywhere, but are indirectly 

causing harm to people. Saddle Lake will endeavour to study those problem chemicals and 



include them into the drinking water quality regulations as more is known about them. Perhaps it 

is time the Chiefs instituted an Indigenous Environmental Protection Agency because we are here 

today for tomorrow’s children. He then described how a certain type of rock works to remove 

bacteria and contain the dissolved organics in a filter. He asserted that bio-treatment can replace 

conventional treatment with little need for chemicals that can cost $14,000 per month. He then 

explained the reverse osmosis process. Science can work with traditional Indigenous laws by 

providing safe drinking water with minimal or no chemicals in harmony with aboriginal culture. He 

then discussed what is meant by biologically stable and biological instable water and showed 

what can grow in the distribution lines to our homes and hurt our youth and our Elders. He 

mentioned a number of initiatives at Saddle Lake to carry out research and training on water and 

water treatment including the cleaning of equipment in which the knowledge of traditional water 

keepers is combined with western science. He said they have assembled an Advanced Aboriginal 

Water Treatment Team to assist reservations in Canada. 

He said: If you work in water treatment your number one priority should be public health. 

Unfortunately too often it isn’t because we are denied and deceived. We are not told the whole 

truth. Health Canada only tells us 10% of the truth. Safe drinking water is a requirement for 

healthy communities. And remember that Water Quality Solutions Workshops are offered by 

Saddle Lake FN and Gordon Lake FN where First Nations can learn to use advance treatment 

processes. 

Following Mr. Steinhauer’s presentation, an Elder said she wanted to honour this man and others 

and the ceremonies. This is the message she was waiting to hear. We have to do something to 

honour our men. She was so happy that he was here to share his knowledge and wisdom with us 

and grateful that he is with us. She offered a healing song and said a true warrior is one who can 

express his true feelings. She said it was very important for men to show their true feelings. 

Pennie Forma 

A lunchtime video presentation was made by Pennie Forma on Dr. Emoto’s study of water 

crystals, which was described as an ‘alternative’ healthy way of ensuring safe drinking water 

using a ‘magnetic resonance analyzer’. 

Following the video presentation, Penny Forma explained the theories and research of Dr. Emoto 

of Japan to discover messages in water. Dr. Emoto runs the Hado Instruction School. Dr. Emoto’s 

background is in the humanities and more recently, alternative medicine. Penny described Dr. 

Emoto as an original thinker, dreamer and author of publications such as “The Message of Water” 

The Hidden Message of Water”. He also is a long time advocate of peace. 

Ms. Forma explained that Dr. Emoto speaks of visualizing an invisible world. He claims that water 

can carry memory and messages of hope and love as well as negative feelings. Ms. Forma used 

a PowerPoint presentation to show experiments in which water was frozen and at a certain critical 

points, microscopes are used to see ‘water crystals’ that can then be photographed. 

Samples of water have been collected at various locations such as natural falls and taken to Dr. 

Emoto’s laboratory where it is tapped to ‘activate’ the molecules. Various samples of water of one 

millilitre each are place in Petri dishes. These are then frozen at minus 21 degrees centigrade for 

one hour. Then, in the laboratory at a temperature of 5 degrees the water sample is examined. 

The tip of each ice sample can reveal a water crystal under a microscope, as the temperature of 

the water sample rises in the lab. The ability to capture a picture of each water crystal is very 

short before the crystal disappears. The crystal grows in three dimensions. A series of pictures of 

such crystals were shown that were said to resemble human faces, dragons, and raccoons. Ms. 

Forma said Dr. Emoto is trying to interpret these messages. He examines water in different 

locations around world including tap water from around world. Each is different. Each is unique. 

Water crystals from polluted water sources tend to be damaged or will not form at all. Ms. Forma 

said that the water crystal is a manifestation of vibration and said Dr. Emoto had undertaken a 



number of experiments in which he showed different pictures and words to water and the 

‘vibrations’ from these images are remembered by the water. 

Ms. Forma then explained some of Dr. Emoto’s views about the consciousness of our body and 

its relationship to the universe. She said Dr. Emoto believes all illness emerges from elementary 

particles and that water crystals can be transformed by offering prayers to consciousness. She 

then showed pictures of water crystals near a dam before and after offering prayer. Three 

messages came from these water crystals: We love water, we thank water. We respect water. 

She explained that words are vibrations and that ugly words create ugly vibrations. She further 

said that everything we do is energy. Energy is vibration and water taught us this answer. She 

said there is now evidence of what First Nations people have always said that there is a message 

in water. She then went on to demonstrate ‘the law of vibration’ using two tuning forks. She said 

she was struck by how the messages of First Nations people have come from the heart. She said 

spoke of resonance and purity, and of the inability to hear when there is a lack of purity, when a 

person is more ego driven. Dr. Emoto says everyone is entitled to their resonance although we 

are not always heard by the other party as well. He also says that a healthy body has no irregular 

vibrations. Dr. Emoto also has developed a ‘magnetic resonance analyzer’ machine to transfer 

healing vibrations from one liquid to another. Ms. Forma said that music is healing and different 

music vibrates with our cells in different ways to heal different things. 

She also said that water carries vibration and words spoken at water, release vibrations that 

release toxins in the water. She said that the shape of crystals changes when different words are 

‘shown’ to the same water. 

Dr. Emoto believes aboriginal people, First Nations and children are more open to this thinking. 

Ms. Forma has witnessed blessings at lakes, and said when we put intention into our food, we 

can make it healthier. She then explained experiments with rice, seeds and other foods to 

demonstrate this assertion. She said that labelling foods with hate or love causes visible changes 

in the food. When we are cooking for our families, the vibration of the love is transferred to the 

food which is very different from fast food which is not very healthy for us. 

Ms. Forma said Dr. Emoto’s main message is: Our inner world creates our outer world. He has 

written about what happiness is, and means. She said the message of today is, if we don’t fix 

water, we won’t have a planet. As human beings, we are more powerful than we realize. She 

urged people to take the journey of the heart to discover harmony. She said now is the time for 

you to show the world your wisdom before it is too late. She referred people to Dr. Emoto’s 

website www.Hado.net and another website; www.internationalwaterforlife.org for a children’s 

book. 

Some discussion followed in which someone noted that Dr. Emoto makes money with some of 

his work and asked what kind of resonance this puts on, when this information is very healing but 

there is a price put on it. Ms. Forma replied that she can’t answer why Dr. Emoto does things the 

way he does money-wise but there may be other possible explanations for the costs charged. 

Session 4 – Safe Drinking Water 

This session will provide an overview of the province’s safe drinking water initiatives and also 

provide a presentation on water crystals. 

Ian Smith, Director Source Protection Programs Branch, Ministry of Environment 

Mr. Smith made a presentation about Ontario’s initiative under the Clean Water Act, which he 

described as a locally driven, locally based watershed based drinking water source protection 

initiative that we are in process of rolling out. Its principal focus is municipal drinking water 

supplies but there are a number of opportunities for First Nations to participate in this process. 

There are also opportunities for First Nations communities to take actions with the province and 

municipalities to protect your drinking water supplies using the framework that is here. He said he 



was also interested in discussing how to combine science with traditional knowledge in working 

with municipalities in working on your traditional lands and reserves lands in ways that you find 

more appropriate. 

The Clean Water Act is a relatively new initiative in Ontario since 2006. While it is primarily 

designed to deal with municipal drinking water supplies, he said that Ontario did provide the 

option for municipalities and First Nations to formally engage in this planning process to protect 

other drinking water systems. For example, the City of Toronto drinking water system is required 

to be comply with this Act but a smaller community with a system of wells would not be. However, 

such communities do have the option of applying to become part of this planning process and 

develop a plan for that small community. He said it has a tremendous flexibility. 

Mr. Smith said: What is very different about this program is it is a locally driven, locally designed 

process and the decision-making authority is divested from Toronto and placed in the hands of 

local communities. We have split province in two parts – working very aggressively and 

predominately in the southern part of the province. In the Northeastern part of the province we 

have a different track and a different approach. Generally there, there are fewer threats to water 

supply so we are moving slower and with a more flexible approach. 

We are working within a watershed-based approach. We are recognizing in this legislation and in 

this program that the watershed is a good functional unit for us to be using as we develop our 

protection plans. He noted there were advantages to working with Ontario Conservation 

Authorities that have been in operation for sometime. Mr. Smith showed a map marking the 

boundaries of the planning areas the province has initially established. The province has the 

authority to establish additional planning regions and to put in place additional local committees 

as the process moves forward. 

When Justice O’Connor heard from stakeholders during his hearing, he heard very clearly from 

Ontario’s Conservation Authorities that they were a body that could help local communities and 

citizens to move forward to protect their water supply. The province developed a model based on 

this recommendation. 

Funding and direction is provided from Toronto but the work itself is done locally by those 

watershed communities and authorities. 

A number of authorities have been put in place. Conservation authorities do a lot of the technical 

and science work and provide oversight to the process. The heart and soul of the planning 

process rests with the Source Protection Committee – made up of one-third municipal 

representatives, one-third environment and health representatives and one-third other small 

business, sectoral interests around the watershed. It is meant to reflect the watershed in its 

composition. For example, if the area is largely agricultural there are a large number of 

agricultural representatives on that committee. Likewise if it is an industrial area, there will be 

more industrial representatives. This approach is intended to reflect the local community. 

Mr. Smith said he recognizes that we need to clearly state for you that both of these groups are 

working through funding and under the direction of the Province of Ontario. They are acting as 

agents of the Crown in carrying out their work under the Clean Water Act. 

He said: We have also clearly stated in our legislation and in our program that band councils have 

the opportunity to place members on these committees. There are seats reserved in a number of 

these committees for First Nations representation so you may participate directly in the decisionmaking 

process. They do their work in a step-wise fashion. We are currently in the terms of 

reference and planning phase. We will be moving into the science of risks to drinking water which 

will be captured in the assessment report and then finally we will move into the source protection 

plan which is a document that will outline the strategies that will be taken largely by municipalities 

to protect and restore existing and future drinking water supplies. 



There are four elements of this presentation: 

1. We want to protect where protection is needed. 

2. We want to restore where things have been degraded. 

3. We want to protect the quality of the drinking water supplies. 

4. We want to protect the quantity of the drinking water supplies. 

We think it is a fairly integrated and complete package for protecting drinking water supplies. 

As the committees work through this step-wise process, there are a number of places in the 

process where the Province has required that the committees inform First Nations of the work 

they are doing and that they provide a formal opportunity for First Nations to engage with that 

committee, in the work and the decisions that they are making. 

Mr. Smith said: We wanted to make sure the First Nations communities were in the loop as this 

work moves forward. We also want to advise you, as we do in workshops that we do, that if First 

Nations supply comments, the authority is required to share those comments with the Minister, so 

the Minister is advised by our agent of comments that have been made by First Nations. 

Mr. Smith then provided an example of the kind of work that will be undertaken by the 

conservation authorities in working with their source protection committees. There are about 300 

municipalities affected and between 1800 and 2000 water wells or surface water intake pipes that 

will be assessed. They will be assessed using this watershed approach that recognizes that water 

moves and flows and crosses jurisdictional boundaries. There will be mapping of where the water 

comes from and where are the threats located. Some existing threats are easy to spot, are visible 

to the eye. They will also be looking at municipal plans, growth plans and other planning 

documents to anticipate future changes in land use and assess that future risk to the water 

supply. 

He said: We want to plan so that these water supplies are robust and resilient and available in the 

future. This is not a quick process although we have been asked to keep it moving. Mr. Smith 

then reviewed the steps of the planning process again in more detail with timelines. 

Implementation of plans is expected to start in 2012. 

There are a number of ways for First Nations to become involved. This happened because a 

number of committees put in place by the Ministry of the Environment recommended First 

Nations be given opportunities to participate and be given the opportunity to afford their water 

supplies the same level of protection and same level of vigilance. We heard this especially when 

we had hearings on the proposed Act. We heard from First Nations elected officials that First 

Nations needed to be afforded this opportunity. As a result specific amendments were made to 

provide opportunities for First Nations to include their drinking water systems within this process. 

Mr. Smith drew attention to the fact there is a non-abrogation clause inserted to reaffirm that the 

intent of the Clean Water Act is not to have any affect on Treaty or aboriginal rights. 

Mr. Smith said that he and his staff have made a very real effort to engage and inform First 

Nations communities as we move this process forward. He said: We have been fortunate to 

partner with a number of First Nation communities and to hold information sessions in the 

community and to make ourselves available to First Nations staff to explain this program. The 

Ministry has provided funding to the COO and to communities to help them to develop some 

instruments and to invest in aboriginal traditional knowledge so that we might get a handle on 

how this knowledge might be worked into our planning process. It may be in some situations that 

it is an appropriate replacement for the science framework we are using; it may be a complement 

or it may inform the science. We felt it was an important area to make an investment because we 

wanted to know how to incorporate traditional knowledge in the process we are trying to roll out. 

Mr. Smith then reviewed the opportunities: 

• There are seats on these committees that are in place that First Nations can join to be 

part of the planning; 



• First Nations must be advised and must be informed by our agents at various stages in 

this process so that there is an ability for First Nations to provide input and comment to 

that decision-making process; 

• There is a formal process in place if a First Nation wants its drinking water system to be 

protected under this Act. 

The province has received one First Nation council resolution and we will be meeting with the 

operators of that system and Chief and Council in the next few weeks. This is a first so we 

anticipate there will be issues to be worked out as we move forward. 

He said: So there are a number of opportunities to engage First Nations and First Nations 

drinking water supplies in our planning process. We think this approach is flexible and takes into 

account the needs of specific communities. If a First Nation band council submits a band council 

resolution, the MOE will be instructed to sit down with the band and band council to work out an 

agreement on how it will work, how to share information, how our agencies will work with First 

Nations and how will the local committee engage with the First Nation community to develop the 

protect plan for that water supply. This is new ground for us as a province to provide the force of 

our law to protect a First Nations water source. For First Nations outside a water source 

protection area have the ability to take a number of different approaches. We can provide 

information to those communities so they can develop their own source protection plan. A number 

of First Nations communities are considering our approach and adapting it. There may be an 

ability to partner some of the technical staff to provide technical advice and expertise as you 

move forward. In fact, if the need is great, the Minister has the authority to establish a formal 

planning process in new parts of the province that would encompass First Nations and provide 

additional protection to First Nations systems. There are a number of innovative approaches 

available to us over the next ten years or so. This is a long term planning activity for the Province 

of Ontario. We hope to have plans in place by 2012 for the major municipal water supplies. We 

have been encouraged by the interest of First Nations and the information sessions we have held 

have been fairly well received. There are currently nine local protection source committees that 

have First Nations representation sitting as either a full member or as an observer. There are 

twenty-seven First Nations in the area where we are moving forward aggressively so those First 

Nations who are located in the southern area who will have the first access to the planning 

process but we will be looking for opportunities to involving others in other areas such as Moose 

River. 

Paul Nieweglosski, Deputy Chief Drinking Water Inspector and the Director for Safe 

Drinking Water Branch 

Mr. Nieweglosski said he would be speaking about Ontario’s Drinking Water Safety Net. This has 

been implemented in Ontario to protect the quality of drinking water in regulated drinking water 

systems. He said Ontarians should expect clean safe water when they turn on the tap. His 

presentation described Ontario’s approach to ensure its regulated systems continue to provide 

clean drinking water. This regulated system does not apply to First Nations. However, he said 

there are many aspects of this multiple barrier concept that First Nations may find interesting. He 

would also describe areas where this branch has had engagement with First Nations with some 

of their programs. 

He said: The year 2000 –Walkerton hits. Walkerton’s water supply becomes contaminated, 

resulting in seven deaths and thousands of people becoming severely ill. Ontario had to act and 

the province developed a comprehensive safety net to protect the drinking water as a result of the 

recommendations Justice O’Connor following the Walkerton inquiry. This safety net enables the 

Ministry to respond effectively to a variety of different circumstances, some unique and some not 

so, of regulated drinking water systems both large and small. Our goal is to ensure that drinking 

water systems allow the delivery of water with a level of risk so negligible that a reasonable and 

informed person would feel safe drinking the water. 



We believe that providing safe drinking water is a shared responsibility and accountability 

between a number of stakeholders that are connected through the safety net. It is through this 

inter-connectivity of stakeholders and understanding each other’s roles and responsibilities that 

fosters the collaborative approaches to resolving issues and collaboration on technology, on what 

works. 

What does this safety net look like? It is a system with eight key and inter-related components to 

provide the protection that Ontarians expect and which is required: 

• Strong legislation 

• Timely, reliable testing 

• Confirmation 

• Comprehensive inspection program 

• Enforcement of regulations 

• Management of data 

• Education and outreach. 

Looking at the first component, there is a multi-barrier approach which requires first and foremost 

strong legislation. We have both the Clean Water Act and the Safe Drinking Water Act (SDWA). 

This is the cornerstone of the safety net. It recognizes that the people of Ontario are entitled to 

expect safe drinking water. It is done through the control and regulation of drinking water systems 

and drinking water testing. The legislation also clearly lays out powers and duties relating to 

drinking water for both the Minister and the Chief Drinking Water Inspector. 

Mr. Nieweglosski then explained the second element of timely reliable testing. Water in Ontario’s 

drinking water system undergoes extensive testing to ensure that the system is operating 

properly and that disinfection is in fact occurring. Sampling and testing requirements are based 

on the size and complexity of the system. Testing occurs at the treatment plant and also within 

the distribution system. He said: This is very critical because you can produce all the clean water 

you want in the plant but have to inspect the distribution system to ensure it is fail-safe. 

All laboratories that do drinking water sampling must be licensed by MOE. Ontario is the only 

jurisdiction in the world that inspects all of these facilities (there are 57) twice a year. Many other 

countries are interested in adopting. 

Any testing revealing an “adverse quality event” results in immediate notification to the Minister 

and the local medical officer of health. 

The third component is immediate notification of adverse water quality. An adverse quality 

incident refers to any unusual test result obtained from a municipal or private regulated water 

system. The lab has to report the result to the drinking water operator or owner, the Ministry spills 

action centre which open 24 hours, seven days a week and local medical officer of health. In 

addition the owner or operator has to confirm to the Ministry 1) that they have received the 

sample; 2) providing the MOE and the medical officer of health corrective actions that are being 

taken. The redundancy is there to be make sure that all interested authorities are aware of the 

adverse water quality result and that corrective actions are being taken. This is a very critical 

step. The fourth component looks at approvals, licensing and certification. The certification of 

drinking water system operators governs over 2000 water system operators and water quality 

analysts. Operator certification sets out very strong training and knowledge standards including 

an entry level course which is offered currently by eleven community colleges and two more will 

be added in 2009. All new operators must complete the entry-level course. Certification standards 

used in Ontario are similar to those used across North America. The Ministry continually reviews 

the guidelines for operator certification, through a working group. Operators of drinking water 

systems in First Nations reserves are welcome to participate in the Operator Certification program 

on a voluntary basis. As of September 2008, a total of 191 operators working in First Nation 

communities collectively held 442 operator certificates. 



In 2004, the province established the Walkerton Clean Water Centre. This centre operates at 

arms-length with a mandate to ensure that training is available to operators in small and remote 

communities as well as First Nation operators. The centre provides hands-on unique training and 

provides a resource to other water professionals. They currently have two mobile training units. 

These are available to provide training to system operators including to First Nations in their own 

communities. 

Currently municipal drinking water systems are required to have a certificate of approval. This 

provides authority to build a system, develop it and operate it. MOE engineers review design 

plans to confirm the proposed system will operate as designed in accordance with the SDWA and 

regulations. Upon request, the Ministry will conduct a similar review for First Nations free of 

charge. The review would look at the proposed system in comparison to Ontario’s requirements. 

If the plant would meet those requirements, the Ministry would provide a letter of conformance 

instead of certificate of approval. 

Starting January 2009, we are moving to a different form of licensing and certification. We are 

trying to get out of the certificate of approval approach and are moving to a municipal licensing 

system that will eventually apply to all facilities. This will be a phased approach. System owners 

and operator will jointly prepare and submit an operational plan that will describe how they will 

meet the requirements of the drinking water quality management system. The goal is to ensure 

that their plans and system is sustainable. 

The fifth component of the safety net is Ontario’s drinking water inspection protocol which is a 

very comprehensive – there are approximately 140 regulatory check points and 120 drinking 

water inspectors. Each municipal system is inspected and there are over 700. Our inspection 

systems have very vigorous standards for drinking water. Our tests have shown that over 99% 

are meeting the standards. The comprehensive inspections of municipal drinking water system 

are mandatory and which result in inspection ratings, ranked out of 100%. Deficiencies or noncompliances 

are clearly outlined for operators. When we do find problems, action is taken to 

ensure they are corrected. 

Part of the safety net has to include enforcement. There are a variety of tools to bring regulated 

communities into compliance with the regulations. Our focus has always been compliance 

assistance, to work with the regulated community. 

Integrated information management is one of the critical pieces of the safety net. The Ministry is 

able to assess the trends in compliance across several years. A second component is the 

Drinking Water Portal which is a gateway for the public to gain access to a variety of information – 

drinking water protocols, guidelines and fact sheets on a wide range of issues. In terms of 

education and outreach, the province needs to be able to provide information on what they are 

doing, emerging issues such as lead in drinking water and is effective in helping the regulated 

communities understand their obligations and helps to teach our youth, our next generation of 

water keepers of the need to protect a valuable resource that is essential to life. 

He reviewed possible areas of engagement for First Nations for those that are interested: 

• Operator training at Walkerton centre 

• Completing engineering evaluations of design of drinking water systems upon request 

• Emergency response upon request (e.g.) 

• Providing information about Ontario drinking water safety net. 

A discussion session then followed during which the following points were made: 

• First Nations are not stakeholders, Ontarians or Canadians. We are Anishinaabek people 

with a very unique standing in our own land and don’t appreciate the use of stakeholder 

or municipality. We are not equivalent to municipalities. We would have our own 

authorities if governments provided resources to do that work. We could meet you at the 



table but unfortunately the playing field is not level so now we have to rely on our Elders 

to give you advice. 

• We haven’t heard yet about the Government of Canada’s intent to consult on wastewater 

legislation for First Nations. They informed us they have been talking to provinces so my 

question is to what extent have you been involved in discussions with Canada about their 

option of developing legislation referencing of provincial regulations and what is your 

position on that and your financial commitments to First Nations? In reply provincial 

officials said the province will only discuss potential participation in the new federal 

approach first, if First Nations support provincial involvement and second, all the financial 

support frameworks are in place. 

• There was a question about exactly how the process works of getting advice to the 

Minister from First Nations; what the mechanism is. In response, provincial officials said 

regarding advice to the Minister that conservation authorities are obliged to consider and 

provide comments to Minister from First Nations and their response to First Nations. The 

Minister has final authority over the source protection plan. We wanted to make sure that 

advice from First Nations was not overlooked or ignored. The Minister has authority to 

make changes to some of these documents if comments from First Nations were not 

given due consideration in the opinion of the Minister. 

• There are mixed messages in your presentation on certification. Our First Nations 

operators are required to be certified. If there is a question of whether we need provincial 

certification, we want that clarified. In response, provincial officials said anyone can apply 

to take course. When First Nations operators take the course, they don’t receive same 

certification because of different authority. 

• Having sat on a couple of these, source protection committees, a couple of seats for First 

Nations, is not going to do it because we don’t have the technical expertise to participate. 

You already have this process going to identify source water and First Nations not 

involved. I see a vastly different picture than you do. 

• Your presentation talks about systems so what happens if it is not working in regards to 

First Nations - What impact will there be on First Nations if one of these watershed 

authorities decide they are not going to deal with an issue that First Nations have 

identified. I feel you have glossed over a lot of issues regarding our participation. 

• The provincial officials said this committee approach is a bit of an experiment. No other 

jurisdiction in the world has this kind of locally driven approach so that people living in the 

watershed have a say. I hear what was said about discussion being too technical. We 

pay for staff at the conservation authority to provide technical advice, expertise and 

translation if it is needed to people on the committees because the committees are not 

intended to be staffed by technical people but people in the watershed, be they First 

Nations or other people. If too technical that’s the kind of thing we need to hear so it is 

accessible to people on the committee. 

• The issue was: what is the linkage between INAC’s certification and the province’s 

certification system and the issue of capacity was not about the capacity of the 

community to engage properly with the representatives on the committee. We need our 

own hydrologists and technical experts. Your process does not allow us to do that. 

• Provincial officials noted that this is not the first time we have been told that we have not 

provided enough representation for First Nations on the committees. It was a decision the 

province took to assign up to three seats for First Nations depending on size, recognizing 

that means that in some watersheds, four or five First Nations have to decide on two or 

three representatives. We recognize that is not the best situation but what we were trying 

to do was to provide a balance on the committee in what is heard and so we provided up 

to three First Nations seats out of a total of fifteen. 

• Regarding how First Nations can be included in a formal water source protection plan, if a 

First Nation wants in, we need to have a conversation about how to effect protection 

measures on First Nations lands because we have authority to force action on municipal 

lands off reserve. We need to discuss how to balance our controls on Crown managed 

territory with how First Nations authority operates in the areas you control. 



• There is no place on Turtle Island where First Nations don’t have responsibility. There 

isn’t any place here that isn’t ours. Where I live, some 60 different industries are allowed 

to discharge into the St. Claire River from which we draw our drinking water. We have 

seen tremendous change over the years in quality of life and health of our people. When I 

look at the structure of the committees, (and the pie chart on slide 5) my community has 

the largest wetland in the Great Lakes system and is being affected in many different 

ways, with repercussions to be faced. Since this Source Water Protection Committee is 

something new, I suggest take industry off and allow First Nations to occupy those seats. 

When you allow industry in, you’re letting the fox in the hen house. Because of the 

revenues they generate, I don’t think we will ever see a fair process that will reflect our 

approach to life, our interests. 

• In response the provincial officials said it is an interesting thought to replace the industrial 

stakeholders (which includes agriculture) and municipalities are also a threat to 

committees and we considered the prospect of whether we’re letting the fox in the hen 

house. I am heartened by your observations. We have tried to put in some oversight to 

these committees through Minister and Ministry staff. If they were straying from the path 

we have set out, we would intervene. We need to develop our drinking water protection 

program as quickly as possible but we also need to build into broader eco-system 

restoration programs. That’s a goal we also share. 

• You mentioned fines as a means of enforcement. This doesn’t work. In our area, we have 

a company that ships over 2000 metric tons of road salt containing feral cyanide to 

Georgian Bay to where my drinking water is drawn and your MOE people say ‘What’s the 

problem Chief?’ I have drawn water samples myself and it shows cyanide in the water 

and yet you tell nothing but tell us that’s okay to put road salt and cyanide into the lake. 

You are not drinking cyanide or road salt everyday. There is something deeply wrong 

with the philosophical approach of the government. You say it is okay to pollute. Your 

only solution is devolution. We are fundamentally at odds. You want road salt dumped in 

the Great Lakes and you will not listen to Indian people. This is a disgrace. 

• In response to the road salt issue raised, provincial officials said they could not comment 

on the specific site but phone calls were made yesterday and we were told that it is under 

review as a result of your comments. 

• Our community is surrounded by a lot of cottagers and campgrounds. The Ministry tests 

the same drinking water we share but not the water on the reserve side because we are 

the responsibility of the federal government. The other issue is that upstream of us our 

community existed, most of their streams were destroyed by farming communities. They 

completely destroyed the trout population in the stream from the pesticides and 

herbicides. This was approved by the Agriculture Minister. How are you going to balance 

these things from people in the same area in terms of different uses? 

• In response, the officials said if the province was invited to develop a water protection 

plan we would work with the people to assess the risks including those form the pulp mill 

and develop solutions. We could discuss later. Our normal approval process for pulp mills 

involves science of effect on downstream drinking supplies. 

• The assertion of the province that it has jurisdiction in First Nations traditional territory 

was again questioned. In response to a question, the provincial officials said he would 

check but he said the provincial Minister of the Environment does not claim jurisdiction 

over Batchewana First Nation territory. 

At this point, Elder Phyllis Shaugabay made some remarks. She said she wanted to tell these two 

men and everyone here, that in our culture we are taught to respect ourselves, each other and 

other people. She also said - What I hear and see here and what understand is, I acknowledge 

that you are a human being. I also acknowledge that this is your job that puts money in your 

pocket so you can pay for your children’s education and put food on the table. I know that 

because you are a human being. You have a spirit. One of the Elders told us you have a very big 

role, a huge responsibility to ensure that the water is protected, that there will still be water for life. 

He told us that it is the responsibility of the Anishinaabe people to take care of that water, to 



ensure that water will be there. And this Elder told us, when I was young I was told to go into the 

mountain to learn about this water and to share my knowledge and my wisdom. He told us very 

humbly, that if you don’t look after that, these other people, not just in our own area, but in the 

cities, the countries, the earth, there is going to be catastrophe. You let these people know that 

the reason we are doing this, the reason for your purpose is clear. The reason is to take care of 

humanity. That was his message and I want to share that with you so when you take back the 

comments from our Chiefs, from our Elders here, that you take those words. When you carry 

those words to your Minister, you make sure you have a purpose and that your purpose is clear 

and that you have an open mind and open heart, that those words don’t get lost when you go 

from here to there. Meegwetch. 

Following a break, some information was provided about the education program at the 

Shingwauk Institute. The students from the local school who were attending the forum were 

asked to stand up to receive applause and Elder Eddy Benton-Banai spoke of how pleasant it 

was to work with young people and how important it was to prepare for them for tomorrow and to 

do so in a good way. He said we must give them a good bearing and what the Creator gave us to 

be and that is to be Anishinaabe. He said he was very proud that they are here learning in this 

manner. 

Elder Fred Kelly and Angus Toulouse were then invited to describe the shaking tent ceremony to 

take place that evening at Bells Point at 7pm. Regional Chief Toulouse said a few words about 

the logistics of the ceremony to which everyone was invited. Fred Kelly acknowledged Dennis 

Black who has been gifted with the ceremony of the shaking tent. Elder Kelly then explained that 

the sacred ceremony of the shaking tent foretold the coming of the white people. It is an ancient 

ceremony that we are still blessed with. It is used for healing and visioning. You bring questions 

and bring tobacco and some offerings with you and now sometimes currency is also used. The 

ceremony takes place around sundown. The ceremony will be dealing with the one main question 

of water, as requested. 

Elder Kelly thanked Sue Chiblow and all of the Chiefs of Ontario staff for putting this forum 

together. He said: What I want to leave with you with, having listened very carefully to the 

presenters from the government, and while many of them are very conscientious and learned, 

some of them are flippant. Some were overheard in the plane to say “What did you do to deserve 

this file?” In that regard, there needs to be sent a message. That is that since 1888 when the 

province wrested control of resources, after treaties were signed the province control and 

assumed jurisdiction over water and lands and our system is totally different. That has not been 

recognized since at least 1888 after the St. Catherines Milling case. The Departments 

represented here and elsewhere do not seem to be coordinated in any sense. We are told to talk 

to different departments. The elders should be listened to and some of them are subtle, some are 

very sacred and some are very long that we need to impart to our brothers. Please take this back 

to the Premier – you have done a terrible job of lands and resources since you came here. With 

our resources that were pristine when you came here. The water you drink in Toronto is terrible, 

worse than what you find in your toilet bowl. You made a mess of the water, of the rocks and 

aggregates and of the environment. Take that message if you listen to us. We appreciate your 

intentions of trying to look after our interests and to listen to us, as stakeholders. When you 

destroy the land and the environment you are destroying a beautiful people including yourselves 

and we want to protect people and in the process, to protect and you and to protect you from 

yourself. 

Chief Joe Lazore of Akwesasne said a few words. He said it was good to 

see a lot of nice languages spoken here and wanted to speak his own to say a few words of 

thanks – thanks were first offered to the Creator for being here and to the person doing the pipe 

earlier. Thanks were offered to the drum and to Creator for the water that he gave us to drink. 

Chief Lazore reminded the meeting that we are here to protect the water. 



Chief Nona Benedict, Bear Clan 

Chief Nona provided some background on Akwesasne, which she described as truly North 

American because it straddles the boundary between U.S and Canada. The population is 

approximately 16,000 population including is called the northern portion of Akwesasne (in Ontario 

and Quebec) and the southern portion in New York State. She said they have real jurisdictional 

problems in our area. As an example, for Chief Nona to work each day, she must pass through 

American and Canadian customs. She said their territory is pretty big and we have three forms of 

government – a traditional government (the Mohawk Nation Longhouse), the St. Regis Mohawk 

Tribe and the Mohawk Council of Akwesasne. 

We will talk about some of our success stories. Our government has many departments and my 

portfolio is Environment as well as Technical Services. It has been a very big struggle for Mohawk 

Council. Our people have had such faith in our Departments of Environment and Technical 

Services. The Department of Environment takes care of the environment including the watershed 

areas. The Department of Technical Services takes care of the pipes, provide us with good 

drinking water and we have two water treatment plants on our territory. In total they have been in 

existence for about thirty-five years. The Department of Environment is a deficit department. It 

exists only because the community has said we need to protect our environment at all costs, 

even if it costs us, costs other programs. 

We have a working relationship with the Ministry of Environment and the Ministry of Natural 

Resources. Most recently we have a Statement of Intention which will be described later. We 

have other agreements - on health, education, policing. 

We have done this because governments have insisted on certain legislation and regulations. 

And like you we have been saying you legislate us and are making us into criminals because we 

don’t have the funding to go by those regulations without the capacity. 

We continue on, and with some confidence I can say that things are getting much better. We are 

establishing a Statement of Intent that we firmly believe is going to work out for our benefit. We 

have come a long way, have made some mistakes, and there has been a lot of hard work. 

Henry Lickers, Mohawk of Akwesasne Department of Environment; 



began by discussing reactions to the government’s use of the term ‘stakeholders’. He noted that 

people bandy these terms about and our people are supposed to accept them. 

He said: Going back to my childhood, I grew up at Six Nations in Brantford in a very traditional 

family with my grandmother, great grandmother and grandfather. I remember being at the kitchen 

table with my grandparents and they kept talking about people stealing our land. I said why are 

they stealing our land and how are they doing that? - They must have really big wheelbarrows. 

His grandfather told him - they are not stealing it that way, they are saying they own it. And I said 

but the Mother Earth owns the land. In the same conversation, my grandfather said these people 

said they owned the water and he asked me to hold out my hand. and he took a glass of water 

and said you can keep whatever you can hold. He poured water into my hand. He said do you 

own that water? I said yes, and he said okay the put it in your pocket - and all I got was a wet 

pocket. The water has that ability to get away from us. So how could you own this? This is a 

tough thing for our people to comprehend to say that we own or control the water. 

In our own languages, we talk about giving greetings to the world. In our opening we talk about 

the sky people or the thunderers as they stab the earth as we talk about those waters. We also 

talk about the water being linked to our aunties and uncles, the stars in the sky. As a scientist, I 

would say what do they know? What are they talking about that the water of the earth is 

connected to the sky? Recently scientists have discovered that the water is connected to the sky. 

Astronomers have been looking at the amount water coming into the earth’s atmosphere 

everyday from other places in the form of meteorites – 40-50 thousand tons of water a day that 

dissipates over the world. The stars are giving us water. If you look at that rate of water 

accumulation on the earth, over the time the earth has been here, you can account for every 

gallon of water in the oceans and every gallon of water in the lands. As a scientist I say to 

myself, how did our people know that the sky people, the uncles and aunties in the sky were 

giving us that water that is so precious to us? And then, how can we say that we own it? 

Again from my aunties and uncles, grandmothers and grandfathers and some of our medicine 

people, we know that when we dream at night, we pass over to that spirit world or dream world 

and that visions are given to us. My grandmother told me that water is the only thing that can 

pass between the reality of this world and the spirit world and doesn’t change. We saw the 

crystals up here. It’s a ‘big discovery’ that water can be influenced by how we feel but our people 

knew that and we’ve known that all the time. When we go into sweat, that water helps us get into 

a place that allows our mind to think other thoughts, and cleanse us and help us into that space 

where we can clearly see upon the world, as well as the spirits and have them talk to us, comfort 

us and take care of us. We know these things and we’ve known them for all of our times. It is a 

pretty hard thing to describe these things as a scientist because we don’t have too many words to 

talk about these things. But as a scientist, I see it every day how much our people know about 

water. 

We know we need to live in this world with different jurisdictions but one of the things we always 

end up talking about is the law, that it is important and we have to enforce the law. But law is 

made for short-term solutions to vast problems that we have and that they have as well. 

Like the Indian Act, every twenty or thirty years they have to change it. But when I talk to my 

grandfather about our responsibility to the water and lands around us; that never changes. It 

stays the same. When we talk about source water protection law, remember that that law is the 

minimum that we should be doing in order to care for those animals and the water. When we set 

water protection standards, we don’t set them at the maximum for protection, we set it at the 

minimum for impact. 

We should be going much farther than that if we want to say those spiritual ideas of how precious 

that water is and means to us. So the law is literally our short-term solution, with the minimum of 

what we can do to protect the world around us. We know that our own natural laws, our own 

responsibilities to the environment are much, much greater. We seem to forget that sometimes. 



We talk about water quality and when the acts talk about water quality, it seems only seems to be 

about how it affects us. Things like fluoride in water that in miniscule amounts in the atmosphere 

will kill bees and the great white pines. When it gets into the water it disrupts how animals can 

breathe, how quickly eggs will mature. We should be lowering that standard to a much, much 

lower standard if we want to protect the environment not only ourselves. We look at water quality 

again and we say that we’re only concerned with what comes out of the tap because that’s “ours”. 

But forget that the water that comes from our springs that is so tasty is loaded with compounds 

and chemicals that come from the earth itself, that makes water tasty. When we say that 

chemicals are bad we are saying the ones we manufacture are bad and that ones in nature make 

our food taste much better and our water taste much better. Natural spring water makes us feel 

refreshed, alive. When we look at water quality, we look at the whole ecosystem, not just the 

surface water where it might impact us. We also look to the ground water. Our traditions tell us to 

be ever vigilant for changes that may occur in our environment. That is our responsibility. The 

water protection law is a miniscule amount of what we must do as Haudenosaunee people and as 

Native people. 

When we talk about water quality, I did a lot of work with the International Joint Commission (IJC). 

When they talk about the obligations to water quantity they say it is hydroelectric, navigation, 

recreational boating, and riparian rights. That is very limited. I find the approach to water 

protection law is very limited whereas in Akwesasne our instructions are to look not only at what 

comes out of the pipe but at what comes in and to look at the world around us to see what we can 

do to protect that water. We have spiritual ceremonies and people who take care of water. They 

know their ceremonies and their responsibilities. I think the MNR or the MOE needs a spiritual 

section for water as well. I don’t know how they would do it. Perhaps they would need our help to 

do it. Those are some of the assumptions we look at when we look at our concepts and 

obligations. 

The Department of Environment was established about thirty-five years ago. It was very basic to 

start with. We were looking at cattle teeth because of fluoride contamination. One of the first 

assignments the Chief and Council gave to me was to find out the impact of the St. Lawrence 

Seaway on the environment and Haudenaussonee people at Akwesasne. Thirty-five years later, I 

am still working on that. 

In 1834 when they approached the Mohawk Council of Chiefs they asked if there was any 

problems with the building of certain control structures. At that time, our Chiefs stood forward and 

told them that the construction of these dams would cause impacts on the marshes, the blue 

stem meadows, spawning beds, fishing grounds and wetlands. Their response was “We will pay 

you £80,000 (which was an enormous amount of money then) for the damages to Akwesasne. 

And our chiefs and clan mothers could not believe their ears. No reasonable people in the world 

would damage the environment and then expect to be able to pay for it. We discovered that we 

don’t speak the same language as them and they didn’t have any understanding. It wasn’t until 

the 60’s they had a concept of the environment. 

The Department of Environment was established and it looks after things the community thinks 

are important – like environmental education, how do we teach our young about the environment, 

environmental assessment. The Mohawk of Akwesasne have had an environmental process for 

as long as I can think of. If someone wants to build something they have to get permission either 

from the council or from their own family. 

Mr. Lickers then described how First Nations people along with other native people fought to get 

included in the federal committee dealing with species at risk under federal legislation (the 

Species At Risk Act) and succeeded. He described how through that committee Native people 

bring information from their traditional knowledge that non-native scientists are not aware of. The 

native representatives do not share everything but just what is needed to know to protect. He said 

we can do more to protect the environment. 



We have our own wildlife conservation law and we patrol the St. Lawrence River and we patrol 

with our own wildlife conservation officers. We protect our environment in terms of hunting and 

fishing and all resource management issues in our area. The law that we wrote is not just for non- 

Native people. It is for everyone. Yes, we would like you to fish at Akwesasne but tell us first. We 

need to know you are in our area so we can help you and protect you from the people that 

surround us. We have agreements with other First Nations people regarding hunting such as the 

Cree and the Anishinaabe. We would ask what are your ways because we don’t know your area 

and happily live by them. Even if we have different customs and languages we can work together 

on things that are important. Never do we have problems about jurisdiction. We have to 

concentrate on how to clean the water up not on jurisdiction. If we don’t save the water, then our 

life is in danger. 

We also work with the Department of Technical Services. I am proud of those people. They use 

engineering principles, they use best practices and as they say, those best practices are just the 

minimums. Their Director has been working with Department of Environment whenever there is a 

problem. Environment knows the land and they know the pipes and the processes. We are able 

to help them when working with water. We know that in the spring we probably need more 

chlorine and less chlorine is needed in winter because we know how algae levels fluctuate. We 

know that from the information we collected from the elders and data collected through good 

science. We feed that into our own departments to help them make better decisions. We have a 

laboratory to do water analysis to make sure we are giving a good product to the community. We 

have a really big problem in our area because there are tons of contaminants coming down the 

St. Lawrence River. Reverse osmosis would not likely work in our area because of the quantities 

so we are looking at all different processes. The Health Department also works very closely with 

the Department of the Environment. The first health study at Akwesasne was conducted by 

Department of Environment not health to look at impacts of PCBs and host of different 

contaminants and fluorides on the people of Akwesasne. But we needed all of the information 

about fish levels, animal levels, of the contaminants in order to make sense of what was 

happening to people. The expertise we had was most important to those studies. 

We are now studying diabetes – and this work has shown you don’t use the money from Health 

Canada for more needles and more pills. We believe the most important thing we can do with 

that funding is to improve parenting. By improving parenting we believe we will be able to improve 

rates of diabetes. We haven’t tested it yet because we are still doing the research. This leads into 

how we think holistically about the world, the water where we are, the gardens that we have and 

how all of those things come together in order to stop this scourge that is going through our 

communities. 

The Department of the Environment is still a deficit program. There is no funding. The U.S. St. 

Regis side receives roughly about $2.5 million a year from the U.S. federal government to fulfill 

the obligations they have under legislation in the U.S. I see no such things coming from Canada. 

If we had the same we would be doing a much better job and they would be coming to us a lot 

more for information and help. There are some things we hold in common across all of those 

departments. We believe in best practices. We believe we can be as good as or better than 

federal or provincial governments in carrying out our responsibilities. Our laws supersede and 

they come under us. We believe that we want to use the best knowledge to be able to accomplish 

the tasks that have been set for us by the community. That’s the sciences but it is also the 

knowledge that our people hold in their minds about the world that surrounds us. We believe the 

people must be informed and the Department of the Environment has never had a gag order 

issued to it from the Mohawk Council of Akwesasne. Our people are free to talk to the community 

about the issues and free to give out information. Because of that we benefit. He told a story of 

how by sharing information about the department with students, they became interested and 

there are many Mohawks taking up science. 



Going back to the beginning, I say to you, how can we own that water? Water was put here for us 

all of us to use and we have responsibilities to it. We have responsibilities as it falls out of the 

pipe but we also have responsibilities to the watershed as you heard from our friends from Moose 

Creek. We have responsibilities to the watershed regardless of who lives in it. We have 

responsibilities to people who live upstream of us as well as those downstream. At Akwesasne, 

We have responsibilities for the whole of the St. Lawrence River from Lake Ontario right into the 

gulf. We exercise that through many jurisdictions knowing we can help. Lastly, we have 

responsibility to the Great Lakes. I know that extends into your territory but we would be happy to 

help in any way we can. We also work with the Governments of the U.S., Canada, Quebec and 

Ontario. 

We try to fulfill our responsibilities to the world because there are many other people who may not 

be as well off as we are. We do a lot of work in Latin America, where people are suffering from 

bad water in unbelievable ways. Yet we have simple processes and techniques that we can use 

with them, that they can learn how to use and they don’t need us to go back. When we do that 

they know the words of the Haudenosaunee are true. That has led to many different types of 

agreements. As a member of Turtle Clan, I know that turtles need nice clean water to live in and 

so do I. 

I always tell our friends from Canada and Ontario when you get yelled at don’t take it for yourself. 

I say take that big basket of ‘yelled at’ and not to take it personally but to take it back and give it to 

someone else’s desk hopefully higher than you, so that we are heard. Finally, all those that 

disagree with you are not necessarily your enemies and those that agree with you are not 

necessarily your friends. So we always have to be vigilant about that. 

To Canada and Ontario, my recommendation is that the Indigenous people be included as one of 

the parties in the Great Lakes Quality Agreement, not as add-on but as one of the parties. 

Secondly I ask that we be included in all of the committees set up by the IJC. There are many 

there, scientists, that could use our help. And lastly, there should be an Indigenous IJC 

Commissioner for the Great Lakes. Thank you. 

Bill Marion, Manager, Public Works, James Smith Cree Nation 

Thanks to Sue Chiblow and I bring greetings from James Smith First Nation in Saskatchewan and 

the Saskatchewan region in general. I want to thank you for the opportunity to be here because I 

find this particular water policy forum very critical and important not just for this region but for the 

rest of Canada. There are a number of issues relating to water and wastewater that are shared by 

First Nations throughout Canada. It is a pivotal time right now because as a lot of speakers have 

said as First Nations people, we have been here on these lands for thousands of years. It is 

always been part of our customs and our traditions to pass what we have to future generations 

with respect to the environment, and the lands and water. And what we have today was passed 

by previous generations. Whether you want to call us stakeholders or what, it is First Nations are 

the primary peoples of this land because it is through our ancestors that passed on to us what we 

have today through their respect and through living harmoniously with mother earth and the 

environment. 

Part of my involvement of the past year, has been through the First Nations Technical Water 

Advisory Committee at the AFN and as a technical representative from the Sask region. Related 

to this water policy, INAC is looking right now at developing drinking water and wastewater 

legislation for First Nations but one of the concerns is that they are referencing provincial 

standards and in doing so, it is causing certain uneasiness. Because when you compare First 

Nations jurisdiction to provincial jurisdiction, Indian Affairs is saying look this is how the provinces 

are structured, these are their regulations, this is their legislation, and presenting that to First 

Nations. To me they are saying, what do you have? That to me is a great concern. We need to 

have our own standards to exercise our jurisdiction and treaty rights. It is incumbent upon our 

First Nations governments to say what standards we feel should be at the First Nation level. We 

should not be put in position of having an outside entity telling us here are the standards we are 



going to be giving you. We should be developing these standards and regulations from within our 

community. He described how his community forty years ago relied on fish and would cook 

certain species of fish by the river, taking water from there but now today that is gone. Part of our 

custom is gone because of the pollution and contaminants in river. Now we rely on a groundwater 

system in our community from six wells that supply our community. Water from the reservoir 

supplies our community but we are depleting that groundwater supply and the only alternative is 

the river, less than a kilometre from the water treatment plant. We are looking at using the river as 

a potential water supply but knowing definitely right now that the contamination of that water 

quality is very high. There are industries upstream of our communities on two different rivers (the 

North and South Saskatchewan Rivers) so we have to contend with two different sources of 

pollution because it is going through two different cities. I know there a lot of other First Nations 

communities that are experiencing the same concerns about source water protection. For 

example, not only how do you protect your source water but how do you gauge it, who is going to 

protect it? In 2007 for example, the Standing Senate Committee on Aboriginal Peoples expressed 

concern about the drinking water quality on First Nations and the fact the Department had 

difficulty proving whether or not the water is safe. I wonder if the Department can’t prove whether 

or not the water is safe, who can? Who is responsible for that? 

INAC is currently developing drinking water and wastewater legislation. These are the serious 

concerns and questions I wanted to share. If they can’t prove whether or not the water is safe and 

at the same time they have this proposed legislation for our water systems, there are some 

serious questions that need to be addressed. We have started looking at that in terms of impact 

analysis of this legislation. These are key concerns because what is it doing to us for example in 

terms of capacity development. One of our key concerns is O & M shortfalls. There have been no 

increases for O & M for waste water in 10 years. Another concern regarding O & M is liability for 

water and wastewater infrastructure systems on First Nations. There is a clause in all funding 

agreements that indemnifies the Minister from any liability, claims or suits stemming from that 

funding arrangement. That includes any water related issues that might arise. I indicated to my 

leadership this is a very serious issue when we have a very aging system. We are going to have 

to look at the cost of replacing the whole infrastructure system down the road but we don’t have 

control over capital expenditures. The twenty-five life of our system expires next year. So liability 

is a great concern. Another question is the impact the amendment to the Canadian Human Rights 

Act might have on access to drinking water. Now is this time to review the whole field of drinking 

water and wastewater. 

A brief discussion session followed and an Elder spoke about the importance of the ceremonies, 

the songs and traditions. 

Byron Louis, Assembly of First Nations, Special Advisor on Water, First Nations Water 

Initiative 

Mr. Louis expressed his regrets on behalf of Stuart Wuttke. His presentation on behalf of the 

Assembly of First Nations was entitled “Environmental Stewardship: Respecting and Protecting 

Mother Earth”. 

He made some introductory points about the difference between First Nations customary laws 

and statutory laws. First Nations peoples and the settlers have found themselves living together 

and sharing the land and resources. First Nations and the settler society have their own legal 

traditions and governance systems. These systems do not share the same roots, as they are 

founded on different principles and philosophies. 

Western legal traditions are based on two unique systems the common law (adversarial) system; 

and civil law (inquisitorial) system. Both the systems are strongly influenced by precepts of 

Christianity and Roman law. 



The Rule of Law implies parliamentary sovereignty. This means that legislation trumps all forms 

of law. However, court judgments interpreting statutes become law. Each judgment of a court 

becomes a law for a specific set of circumstances. These become precedents to follow. 

Precedents take time to become firmly established, as common law is reactive rather than 

proactive. 

Our First Nations laws come from the land, and certain families had responsibilities over certain 

areas. Certain responsibilities were assigned to clans or families. Laws were past that ensured 

the welfare and survival of the collective first and foremost. It was understood that people were a 

part of the environment, not masters of it. There were formal systems and protocols in interacting 

with other communities, nations and peoples. There were formal protocols… the three fires and 

the confederacies out west. These protocols included governance of lands and waters as we can 

see in case of the Great Lakes. 

Canadian Sovereignty is based on a number of legal fictions that First Nations should reject 

outright. Some examples are: 

• “There was from the outset never any doubt that sovereignty and legislative power, and 

indeed the underlying title, to such lands vested in the Crown.” R. v Sparrow” 

• “Sections 91 and 92 of the British North America Act, 1867 represented an exhaustive 

division of powers and that Aboriginal rights to self-government were contingent on 

delegation and express recognition”. 

Court judgments fail to take account the fact that the Indigenous peoples were independent 

nations with sovereign rights that pre-dated, and therefore should have prevailed over, European, 

American, and Canadian claims. The Canada jurisdiction Act was passed to extend colonial 

criminal law over settlers. It did not apply to First Nations people who lived outside of colonies. 

The courts have ruled that common law and First Nation laws must be reconciled where 

differences exist. The Crown, while it has a treaty right to “take up” surrendered lands, is 

nevertheless under the obligation to inform itself on the impact its project and communicate its 

findings to the First Nation. 

The degree of consultation and, in some cases, accommodation required will depend on the 

degree to which the taking up of land will affect treaty rights. In its decision in Mikisew, the 

Supreme Court of Canada said: If the time comes that in the case of a particular Treaty 8 First 

Nation “no meaningful right to hunt” remains over its traditional territories, the significance of the 

oral promise that “the same means of earning a livelihood would continue after the treaty as 

existed before it” would clearly be in question, and a potential action for treaty infringement, 

including the demand for a Sparrow justification. 

When the Treaties were signed, they were signed as partnerships and were not intended as the 

Crown having jurisdiction over us. The courts have failed to take into account that First Nations 

were sovereign nations. There have been difficulties in using the developing case law on 

aboriginal and Treaty rights and on consultation to protect the environment as well as First 

Nations interests, such as our interests in species threatened by invasive species. 

Irving “Bing” LeBlanc of the Assembly of First Nations made a presentation providing an 

analysis of the Expert Panel on Safe Drinking Water for First Nations and the subsequent 

consultation process launched by the federal government. 

The Report of the Expert Panel on Safe Drinking Water for First Nations was tabled in the House 

of Commons on December 7, 2006. The panel developed five options. One of these five options 

was to recognize First Nations jurisdiction but was dismissed by the Expert Panel as complicated 

and fraught with uncertainty. The three options which the Panel believed were doable and worthy 

of consideration by the government were: 

1. Federal Regime: Parliament could enact a new statute setting out uniform 



federal standards and requirements; 

2. Provincial Regimes: Parliament could enact a new statute referencing existing provincial 

regulatory regimes; or 

3. Customary Law Regime: First Nations could develop a basis of customary law that would then 

be enshrined in a new federal statute. 

The Panel provided an analysis and a table comparing these three options. It said the customary 

law option would create uncertainty. The provincial regime option involves passing a federal 

statute to incorporate provincial law to make it apply on reserves. The panel described this as a 

weak option and the most problematic. The federal regime option received the most points in the 

Panel’s evaluation. 

In addition to regulatory options, the Expert Panel set out three pre-conditions that should be 

addressed before moving forward: 

1. Close the resource gap; 

2. Discussion with First Nations is essential; 

3. Deal with high-risk communities immediately. 

Canada decided not to listen to the expert panel and went with the provincial regulation option. 

The federal government has unilaterally decided to determine the outcome of consultations with 

First Nations by presenting only the provincial regime model as the focus of discussions in 

“consultations” with First Nations. This approach will be a big test of what consultation and 

accommodation means. Canada through INAC is moving ahead on what they feel is the preferred 

option. 

The AFN commissioned an analysis of the Panel Report by Merrell-Ann S. Phare of the Centre 

for Indigenous Environmental Resources (CIER) which is available on the AFN Website. From 

this analysis, it is clear that there are many downsides to this option for First Nations, most 

notably the shifting or risk and liability to First Nations’ wastewater operators and the First 

Nations. The AFN has serious concerns that the greatest liability and risk would rest with the First 

Nation Plant Operator. 

He said there is a need for a First Nations driven approach and the idea of a First Nations Water 

Commission needs to be elaborated upon. 

Mr. LeBlanc emphasized that the federal government is moving ahead on this legislation and the 

Assembly of First Nations and others have objected to the process. It is not consultation and is 

poorly funded and there are not adequate resources for negotiations with the government. He 

expects that the government will go to each region for engagement sessions and then produce a 

report and identify elements for legislation that drafting is expected to begin in December and 

legislation to be tabled by the middle of next year. INAC says they believe they are following their 

own consultation guidelines and that they have a common agreement on an engagement process 

for the fall, which is not the case. This conclusion of theirs is based on their holding of update 

meetings with regional Chiefs. INAC has asked each region to prepare an impact analysis prior to 

the engagement session to begin in the fall of 2008. Mr. LeBlanc suggested this process is a test 

of the consultation process they are talking about right now. 

He said INAC has developed new protocols regarding water management that are finding their 

way into contribution agreements. They also want to do assessments of First Nations wastewater 

facilities. The consultation process on the proposed legislative initiative was put on hold when the 

federal election was called. There is an opportunity now for First Nations to regroup and take a 

strong position on not agreeing to consult on a pre-determined solution or option. At the least, 

First Nations can say what option they actually prefer. There is a list of reasons why the meetings 

held to date are not consultations. 



Closing Remarks 

Elder Geraldine Govender said she had noticed and was thankful that the water policy forum 

included our ancestors and spiritual teachings. This conference was very different from others 

because of that. She expressed her thanks for all the work that people had done; that sometimes 

people feel they are alone but you mustn’t forget that there is so much help available from our 

grandmothers and grandfathers. We should not forget to ask for that help and she thanked the 

organizers for including that in our gathering. We also heard many technical things and many 

things our people are doing to address the issue of safe drinking water. In medewin, she has 

been learning to take care of the water and this takes a commitment and we must bring our 

daughter and granddaughters to the waters and stress the importance of making those offerings. 

Elder Govender recounted a story of an Elder in Minnesota who made a beautiful offering to Red 

Lake and afterwards, something moved under the ice began to move, and made this great big 

beautiful sound. Elder Govender spoke about many aspects of water that are important and said 

that water should be a part of everything. She recalled that Josephine Mandamin who has walked 

around all the Great Lakes had wondered what would happen if all the women stood up and said 

no more. She said that in her many roles as mother, grandmother, midwife, singer most of her life 

has been devoted to protecting the water and that she once was arrested while protecting a 

sacred spring from a the construction of a road that would have destroyed it. 

Chief Lyle Sayers made some closing remarks. He thanked everyone on behalf of Garden River 

First Nation and thanked everyone for participating these last three days. He said a lot of 

materials and good information came forward for everyone to think about. He said the provincial 

and federal governments have heard what we think about jurisdiction on our lands and our water. 

He wished everyone a safe journey home and said meegwetch on behalf of Garden River. 

Chief Dean Sayers in his closing remarks said that we will have to build another bookcase to 

hold all the binders and information from this water policy forum but he hoped that the don’t do so 

right away because we need to use this information, not let it sit on a shelf getting dusty. We have 

a responsibility to fulfill and we must take action. We have some serious work to do and we will 

here. 

Regional Chief Angus Toulouse made his closing remarks and began by saying we may be 

asking ourselves, so what next? He said, there has been a shift in our minds, our spirits, and our 

collective strength here together - that has made it very clear that our teachings and our spiritual 

connection to water, mother earth and all our relations are as important to our continued survival 

and health as water itself. 

The Chiefs of Ontario, have reached a time in our history to raise our voice on the issue of water 

and environmental protection in Ontario and around the Great Lakes, the St Lawrence, James 

Bay and other bodies of water that we share our life with. 

We are grateful for the guidance of our Elders, for our ceremonies and songs that remind us of 

our sacred responsibilities to care for the water that gives life and we honour the women, the 

keepers and knowledge holders of the most precious gift from the creator. We have been taught 

that we have many gifts that have been key to our survival. These gifts will be key to the survival 

of not only our peoples but also our teachings and instructions will be vital to the survival of all 

people and the earth. 

While the government officials who were with us these past few days spoke of what they often 

called opportunities to engage - it is clear that the appropriate processes are not yet in place that 

would properly reflect our sacred and unique responsibilities and jurisdiction as First Nations 

people to protect the water for the generations unborn. 



We have heard strong condemnation of the failures of the provincial and federal governments to 

respect and protect mother earth. As we embark into the next term with our prime minister- this is 

something he clearly must learn and address. 

The future of water our most precious gift that sustains us all – Indigenous and settlers - depends 

on maintaining and protecting our sacred relationship and responsibilities to it as First Nations 

people. 

We have heard much about jurisdiction, responsibility and the need for action consistent with our 

sacred laws that have served us so well. We have learned much from our struggle internationally 

in receiving recognition of our fundamental rights and responsibilities as nations. 

You have all done much to inform and inspire us to continue to share with each other, to 

strategize with each other and come together in asserting our inherent jurisdiction and sacred 

responsibilities. 

It is not surprising that we have come out of this forum with a commitment to work toward the 

creation of a declaration on water and conservation. Our role as the original caretakers of this 

land and our water has brought us to a place where there are many new challenges: while 

governments present us with more legislation that undermines our jurisdiction, the fresh water we 

are protectors of in Ontario continues to become more and more valuable. 

We are the first to face the direct consequences of an imbalance to our environment, because we 

depend upon our close relationship with the earth for our ceremony, our cultural practice and our 

survival. 

Where we have already been economically and politically marginalized, the human rights issues 

that continue to be violated only increase with the loss of land and resources. 

It is inevitable that globalization is happening in our backyard as Canada plans to open up 

development on our land and uses the resources that surround us to build their economy. 

We will not allow this to happen without our direction. And we will support our brothers and sisters 

in their communities who follow the path of protecting their traditional territories. We will stand 

with them. 

We may not be united on all fronts but we all can agree that our land and resources will not be 

stripped away. We can unite with the purpose that seven generations from now, our children will 

have clean drinking water, clean air and the animal life that we share our home with. We have to 

believe this and know that it will be. 

Our relationship to water, to the land and our resources make us who we are. It is the basis for 

our social and cultural identity in every single move we make. 

We contribute the least to greenhouse gas emissions, yet we feel the firsthand effects of the 

changes our earth sees. 

It is our teachings and knowledge passed from our ancestors that will contribute to the survival of 

our environment. We have learned from our brothers and sisters that we can be creative in 

developing models that draw from traditional knowledge and technology to find greater solutions 

to the problems that have been imposed on us. They have showed us models for coping and for 

addressing the work that needs to be done. 

In addressing the need to work against climate change and continue to build the economy, we 

realize we must partner in some ways with government to see these things happen. We can 



reach these goals through renewable energy sources that many of our communities have already 

begun to engage in, thus creating economic opportunities for themselves. 

They think their federal and provincial institutional barriers along with their legal barriers can 

prevent us from fulfilling our obligations to the Creator, but as Sharon Venne told us - those 

actions go against our basic human rights and perpetuate the inequality of our existence as a 

distinct nation. 

We need to be prepared for whatever they try to hit us with next. This is where we develop our 

strategies. This is where we begin to develop our capacity through preparation, land-use planning 

and plans for conservation and sustainable development. 

You may be thinking you do not possess the capacity you require, but you are not vulnerable. We 

stand here with you and together we will begin to implement a strategy that includes all 

communities who choose to be the caretakers of their traditional territories. 

One of the recommendations to come out of this forum is a declaration on water and the 

environment. It has been recommended that we prepare this document on the action we will take, 

and the activities we will implement to move forward. 

We will begin to draft this document with guidance from the Elders and will target our next Special 

Chiefs Assembly on November 18-20 as a date to present it. 

We have been instructed that once this declaration has been approved by all levels of our 

leadership that it must be shared with all of our people. 

The Elders have told us not to be afraid to use ceremonies for guidance to move forward. They 

have said that when we want something, we have to stay strong. We can’t be afraid to use strong 

language and take a strong stand. 

We would like to thank the Elders who came to sit with us and offer their insight and knowledge to 

these proceedings. 

We would like to thank the Elders and people who shared with us the important ceremony last 

night that has charted the course for our action on water protection. And all those participants 

who contributed to making the ceremony happen. 

We would like to thank Sue Chiblow who brought forward her vision to ensuring this forum be 

held in a safe way that has afforded us all the opportunity to learn from our Elders, from our host 

community and from each other. Sue worked tirelessly to make this event happen; a big chimeegwetch 

goes out to her. 

We would also like to acknowledge the work of the planning committee which included Chief Gary 

Allan, Chief Shining Turtle, Chief Dean Sayers, Chief Arthur Moore, Chief Randall Kahgee, 

James Roach and Elder Josephine Mandamin. 

Lets look at the example that Elder Josephine Mandamin has set for us with the commitment she 

has taken upon herself to be an advocate for water. She has taken this responsibility, a women’s 

role, and has made it her life’s work. We are acknowledging her and say meegwetch to her also. 

We have to acknowledge and thank the Ministry of Environment and the Walter Duncan Gordon 

Foundation for recognizing that our inherent responsibility as stewards to protect our land, all our 

relations and the water will not be taken for granted. And we have to thank them for having the 

courage to come and sit with us and learn the teachings of our ancestors when they could remain 

in their offices hidden away in the cities, not out here on the land where our people continue to 

thrive. 



It is no accident that we are situated around these great bodies of water with the original 

instructions we have been given by the Creator. We have been placed here by the Creator for a 

reason. 

Under the guidance of the spirit that came to be with us here in Kitigan Ziibii these past few days 

and has kept us safe, I am convinced that the protection of our water and the environment that 

surrounds it, and what we will continue to do about it, will define us in this place and time. 

We cannot be afraid to take a strong stand for the legacy we leave for future generations. 

Meegwetch

Summary report of the Chiefs of Ontario First Nations Water Policy ...

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