A clause in the act provides that the Canadian government has the right to weaken or “derogate” aboriginal and treaty rights if necessary to ensure the safety of drinking water on First Nation lands. This clause is meaningless as no government has the power to weaken constitutionally protected aboriginal and treaty rights. These rights can only be interfered with in very specific circumstances and after consultation. So why did they include the clause? Some would say the sole purpose is to stir up vitriol and divert attention from other problematic aspects of the act. Others fear the government may start to assert broader powers than currently acknowledged and they may attempt to use more expansive derogation clauses more often in the future. The main purpose of the act is to give the federal government power to impose regulations on First Nation communities. This approach is directly contrary to the approaches recommended by expert panels. The regulatory powers authorized by the new act are vast and include the right of the federal government to authorize private entities to take over water management.
Posted on: Wed, 26 Jun 2013 17:29:39 +0000
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