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Alberta First Nation suing federal government over right to clean drinking water

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EDMONTON – An Alberta First Nation has revived a lawsuit it launched 10 years ago in an effort to get the federal government to recognize its human right to clean, safe water.

The Ermineskin Cree Nation says Ottawa’s proposed legislation on First Nations drinking water fails to recognize that people on reserves have the same right to trust what comes out of their tap as every Canadian.

“People can’t even bathe in it,” Chief Joel Mykat said in an interview.

“We have tried to work with Canada over the past decade but things have only gotten worse … Bill C-61 fails to recognize that we have (the) right to safe drinking water.”

Band member Carol Wildcat said she spends about $200 a month on bottled water but still has to bathe in tap water.

“It’s brown. Sometimes it leaves sediment,” she said.

The lawsuit was filed in 2014 as part of a joint action with three other First Nations. It was placed in abeyance while Ermineskin, with other First Nations, negotiated with Ottawa about how to solve widespread water treatment issues on reserves.

On Wednesday, the Federal Court agreed to sever Ermineskin from the joint action, clearing the way for an amended statement of claim.

“That will be filed next week,” said lawyer Clayton Leonard, whorepresents Ermineskin.

A spokesperson for Indigenous Services Canada did not respond to a request for comment.

Band officials said they’ve reactivated the suit over the proposed legislation dealing with water treatment, which is currently before a Parliamentary committee.

When the bill was introduced in December, the government said the law would require Ottawa to make “best efforts” to provide safe drinking water, establish minimum funding levels and create national standards for First Nation lands.

While the bill also mentions United Nations resolutions about Indigenous rights to clean water in its preamble, the text of the legislation contains no such guarantees, saidWilton Littlechild, a legal adviser to the band and a widely respected elder.

“We want to support the legislation, but it has to be made more expansive,” he said.

A February letter to Indigenous Services Minister Patty Hajdu makes the band’s demands clear.

“Bill C-61 must effectively address the shameful record of Canada’s failure to ensure First Nations have access to safe drinking water,” it says. “Canada’s promises of ‘best efforts’ in the bill are not good enough.

“Canada’s recognition that First Nations have a human right to safe drinking water is critically fundamental to the core purpose and efficacy of the bill.”

Drinking water on reserves has long been an issue in Canada. In 2021, Ottawa settled a class-action lawsuit with First Nations that provided $1.5 billion to improve water treatment.

But the conditions of the settlement left many bands out. A class action with about 60 bands, which has been certified by the courts, has been filed by the Shamattawa First Nation in Manitoba.

Ermineskin’s water problems are long-standing. The reserve’s water treatment plant dates from the 1970s and nearly three-quarters of the band’s homes have been under serious water advisories.

Between 2010 and 2022, people in 500 homes on the reserve south of Edmonton lived with 331 boil-water advisories.

The issue runs wider than concerns over the health impacts. Wildcat said the water problems affect economic development on the reserve.

Littlechild said the brown stuff coming out of the tap disrupts the relationship his people have with their land, which includes the water that comes from it.

“Bothare recognized now in international law,” he said.

“It’s not only the common use perspective we have on water. We have a very sacred relationship with water.”

The federal government filed a statement of defence in the lawsuit in 2014. It was written under the Conservative government of former prime minister Stephen Harper.

“Canada denies breaching any such duty or obligation,” it says. “Canada has taken extensive measures … to provide access to safe drinking water on reserves.”

In 2010, a national assessment of First Nations water found Ermineskin’s water failed Canadian drinking water guidelines on a weekly basis, with both health and appearance consequences.

More recently, in a 2022 briefing document, the federal Liberal government acknowledged concerns over “non-recognition of First Nations water rights and governance.”

“We are continuing to work with Nations and regions on innovation, sustainable development and supporting new service arrangements to better meets needs of Nations,” it said.

This report by The Canadian Press was first published Sept. 12, 2024.



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People with diabetes in lower-income areas at higher risk for amputations: report

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TORONTO – The Canadian Institute for Health Information says more than 7,000 people with diabetes undergo a leg, foot or toe amputation every year — and the majority of those procedures could have been prevented.

The report issued today says people with diabetes living in the lowest-income neighbourhoods are three times more likely to have an amputation than those living in the highest-income communities.

It also says people with diabetes living in remote communities are at higher risk of leg amputations than those living in urban centres.

Erin Pichora, CIHI’s program lead for population health, says lack of access to a primary-care provider to help people manage diabetes is one likely factor behind the inequalities.

She says disparities are also likely in access to specialists who can treat diabetic wounds on people’s feet — including podiatrists and chiropodists — before they worsen.

Diabetes Canada says the report shows the importance of ensuring people with diabetes have equitable access to the care and resources they need.

“People living with diabetes who undergo amputations face significant emotional and financial distress,” Laura O’Driscoll, senior manager of policy at Diabetes Canada, said in an emailed statement to The Canadian Press.

“We need to ensure that everyone with diabetes has affordable, timely access to the medications, devices, education, and care needed to manage their condition and prevent complications like amputation.”

The CIHI researchers reviewed hospital records from across Canada for fiscal years 2020-2021 and 2022-2023 and found about 7,720 “lower limb” amputations associated with diabetes per year among people 18 and older.

Each year there were about 3,080 hospitalizations for “above-ankle” leg amputations and 4,640 hospitalizations for “ankle-and-below” amputations, including feet and toes.

This report by The Canadian Press was first published Sept. 26, 2024.

Canadian Press health coverage receives support through a partnership with the Canadian Medical Association. CP is solely responsible for this content.

The Canadian Press. All rights reserved.



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Evacuation orders near Grand Forks, B.C., downgraded, but U.S. fire is still a threat

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GRAND FORKS, B.C. – Wildfire officials say an evacuation order for the B.C. southern Interior town of Grand Forks, has been downgraded to an alert, even as an out-of-control wildfire in Washington state surges north and threatens to cross the border.

The Regional District of Kootenay Boundary says residents must be ready to leave at a moment’s notice since the Goosmus wildfire remains a risk to life and safety.

Emergency Info BC says the updated alert, posted late Wednesday, is in place for west of Highway 41 and south of Highway 3, as well as properties west of Highway 3 from Sleepy Hollow Rd to Phoenix Rd.

It is advising everyone under alert to review their emergency plans and stock a grab-and-go bag.

The district says that when necessary, residents should leave via Highway 3, go to the Jack Goddard Memorial Arena in Grand Forks, and wait in their vehicles until the reception centre opens.

The district says if you cannot evacuate at that time, you should call 911.

The BC Wildfire Service dashboard says the fire was discovered Wednesday and is about two square kilometres in size.

Mark Stephens, director of the district’s emergency operations centre, called it “a very fast-moving and developing situation.”

“We ask everyone to stay vigilant and to keep checking the (regional district’s) website for information,” he said in an online statement.

This report by The Canadian Press was first published Sept. 25, 2024.

The Canadian Press. All rights reserved.

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Calgary officers punched, Tasered man at hotel before he died: police watchdog

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Calgary police fired stun guns at a man and punched him in the head before he was put in restraints and died, investigators with Alberta’s police watchdog said Wednesday.

The Alberta Serious Incident Response Team, or ASIRT, said in a release that police were called on Sept. 17 about a man loitering near the check-in desk of the Carriage House Hotel and Conference Centre.

The agency said the man appeared dazed when he was told to leave by an officer. The man tried to pick up items from the floor that weren’t there.

When the officer pointed a Taser at the man, ordering him again to leave, ASIRT said the man raised his hands and started to walk out. He told police: “I don’t want to die.”

“The lone officer tells the male to stop talking and continues to point the weapon at him,” the agency said.

It said two other officers began walking through the main doors toward the man, and he stopped and repeated that he didn’t want to die. The first officer put away his Taser and tried to grab the man.

“At no point during the interaction had the male been identified, nor was he ever told he was being detained or under arrest,” ASIRT said.

It said the man physically resisted the officer and was tackled to the ground by another officer, who then punched the man in the head. At this point, ASIRT said the three officers fought the man for 3 1/2 minutes with “various uses of force.”

The man was put in handcuffs and leg restraints, and a spit mask was placed on his mouth, said ASIRT.

“The male is noted to be bleeding from the mouth and vomits,” the agency said.

It said seven minutes later, the man was sedated by emergency crews and left lying face down. After three more minutes, he was found to be unresponsive.

“The male was then provided medical care but declared deceased at the scene.”

Calgary police said in a release that same day that officers were called to the hotel for a man “acting erratically” in the lobby who was refusing to leave. They said the man wasn’t co-operating and was still being combative after a Taser was pulled out.

Police said the man was pepper-sprayed and taken into custody and shortly after went into medical distress.

A police spokeswoman said Wednesday the three officers involved have been placed on a standard 30-day leave.

“We know there’s a family and a community grieving this loss and our thoughts are with them during this difficult time,” said a statement.

ASIRT, which looks into serious allegations of police misconduct, said its investigation will examine the use of force by the officers.

This report by The Canadian Press was first published Sept. 25, 2024.

— By Aaron Sousa in Edmonton

The Canadian Press. All rights reserved.

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