Page - 385 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

385Systemic Discrimination in Government Services and Programs and Its Impact on… the Royal Commission on Aboriginal Peoples over two decades ago.13 Canada’s failure to take adequate action has resulted in disparities in access to housing, health care, clean water, and food, among other necessities, that predispose First Nations to public health crises such as the COVID-19 pandemic and undermine their ability to respond effectively in accordance with their specific needs and priorities.14 For instance, while public health authorities consider physical distancing, hand-washing, and the cleaning of potentially infected sur- faces as the most effective means of reducing the transmission of SARS- CoV-2, many First Nations communities do not have access to clean and safe tap water.15 Despite recent efforts to provide access to safe and clean water to First Nations communities, at least 61 long-term drink- ing water advisories are currently in effect, some having lasted sev- eral decades, in addition to several other short-term advisories.16 These figures reveal that some First Nations communities not only lack the resources to implement basic hygiene measures to prevent the spread of SARS-CoV-2, but also are at heightened risk of contracting water- borne diseases from using potentially contaminated water. In addition to lack of access to clean water, overcrowded hous- ing and the poor condition of many homes make physical distanc- ing nearly impossible. According to recent statistical data, nearly 13. Royal Commission on Aboriginal Peoples, Report  of  the  Royal  Commission  on  Aboriginal  Peoples (Report to Parliament), (Ottawa: RCAP, October 1996). 14. Shiri Pasternak & Robert Houle, “No Such Thing As Natural Disasters: Infrastructure and the First Nation Fight Against COVID-19”, Yellowhead Institute (9 April 2020), online: <yellowheadinstitute.org/2020/04/09/no-such-thing-as- natural-disasters-infrastructure-and-the-first-nation-fight-against-covid-19/>; Shirley Thompson, Marleny Bonycastle & Stewart Hill, “COVID-19, First Nations and Poor Housing” (24 May 2020), online: Canadian  Centre  for  Policy  Alternatives <www.policyalternatives.ca/sites/default/files/uploads/publications/Manitoba% 20Office/2020/05/COVID%20FN%20Poor%20Housing.pdf>. 15. David R Boyd, “No Taps, No Toilets: First Nations and the Constitutional Right to Water in Canada” (2011) 57:1 McGill LJ 81; Nathalie J Chalifour, “Environmental Discrimination and the Charter’s Equality Guarantee: Is Section 15 an Avenue for Environmental Justice? The Case of Drinking Water for First Nations Living on Reserves” (2018) 43 RGD 183; Pamela Palmater, “First Nations Water Problems a Crisis of Canada’s Own Making”, Policy Options (6 February 2019), online: <policyoptions.irpp.org/magazines/february-2019/ first-nations-water-problems-crisis-canadas-making/>. 16. “Ending long-term drinking water advisories” (last modified 17 February 2020), online: Indigenous  Services  Canada  <www.sac-isc.gc.ca/eng/1506514143353/15333 17130660>; “Short-term drinking water advisories” (last modified 15 May 2020), online: Indigenous  Services  Canada  <www.sac-isc.gc.ca/eng/1562856509704/15628 56530304>.