In 2023, the federal government introduced Bill C-61: The First Nations Clean Water Act, aiming to address longstanding failures in Indigenous water governance. The bill promised to affirm First Nations’ water rights and set minimum standards for drinking water and wastewater services. However, its use of the phrase “best efforts” to describe federal obligations immediately drew concern from Indigenous leaders and legal advocates. While “best efforts” carries recognized legal weight in Canadian contract and administrative law, it remains context-dependent and, without enforceable guarantees, risks perpetuating the same discretion and underperformance that have historically characterized federal water policy for First Nations. CELA has published a paper expanding on this topic.
This publication is found on the Canadian Environmental Law Archive website; click here to open it in a new tab.
The Limits of “Best Efforts”: Bill C-61, Legislative Failure, and First Nations Water Rights
In 2023, the federal government introduced Bill C-61: The First Nations Clean Water Act, aiming to address longstanding failures in Indigenous water governance. The bill promised to affirm First Nations’ water rights and set minimum standards for drinking water and wastewater services. However, its use of the phrase “best efforts” to describe federal obligations immediately drew concern from Indigenous leaders and legal advocates. While “best efforts” carries recognized legal weight in Canadian contract and administrative law, it remains context-dependent and, without enforceable guarantees, risks perpetuating the same discretion and underperformance that have historically characterized federal water policy for First Nations. CELA has published a paper expanding on this topic.
This publication is found on the Canadian Environmental Law Archive website; click here to open it in a new tab.
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