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Photo courtesy Joe Bryksa, Winnipeg Free Press<br />

In Canada, we have failed to properly protect this<br />

relationship by recognizing Indigenous peoples’<br />

water rights,” Pr<strong>of</strong>essor Gunn said.<br />

Pr<strong>of</strong>essor Busby teaches constitutional law and<br />

has decades <strong>of</strong> experience in human rights cases<br />

and campaigns. Aimée Craft, a sessional lecturer<br />

and lawyer at <strong>the</strong> Public Interest <strong>Law</strong> Centre brings<br />

expertise in Indigenous legal traditions.<br />

“It is no longer ethical or justifiable to<br />

encourage or hide behind technological,<br />

political, economic, environmental or<br />

legal complexity. The reality is we know<br />

with certainty <strong>the</strong> minimum water<br />

standards required for health<br />

and survival on this planet and <strong>the</strong>re<br />

are many people, including Canadians,<br />

who are being denied this basic need.”<br />

The law pr<strong>of</strong>essors and <strong>the</strong>ir research partners will<br />

evaluate Indigenous laws on water as well as how<br />

Treaty, Aboriginal and inherent rights claims or <strong>the</strong><br />

UN Declaration on <strong>the</strong> Rights <strong>of</strong> Indigenous Peoples<br />

could be used to fur<strong>the</strong>r drinking water rights.<br />

One intriguing possibility raised by Dr. David Boyd<br />

<strong>of</strong> Royal Roads University is pursuing enforcement<br />

<strong>of</strong> Section 36 <strong>of</strong> <strong>the</strong> Constitution Act, which outlines<br />

governments’ obligation to provide “essential public<br />

services <strong>of</strong> reasonable quality to all Canadians.”<br />

A team <strong>of</strong> economists and health researchers,<br />

including Dr. Brenda Elias from <strong>the</strong> faculty <strong>of</strong><br />

medicine, will try to collect hard evidence <strong>of</strong> <strong>the</strong><br />

impact <strong>of</strong> poor water services on health and social<br />

status. “We know that water is really, really blessed,”<br />

Anishinaabe Elder Florence Paynter said recently at<br />

University <strong>of</strong> Manitoba’s Migizii Agamik – Bald Eagle<br />

Lodge, which houses <strong>the</strong> Aboriginal Student Centre.<br />

“Our relatives are suffering because <strong>the</strong>y don’t have<br />

clean water to drink.”<br />

UNIVERSITY OF MANITOBA, FACULTY OF LAW robsonhall.ca 14

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