First Nation sues Manitoba Hydro, governments over 'devastating' effects of Lake Winnipeg regulation
'This is not only a legal matter. It is moral and it’s a spiritual one,' chief says
A First Nation on the shore of Lake Winnipeg has filed a lawsuit seeking damages from Manitoba Hydro, as well as the provincial and federal governments, over a decades-old hydroelectric project it alleges has had negative effects on the lake, nearby reserve lands and the community's way of life.
Berens River First Nation, roughly 275 kilometres north of Winnipeg, filed the document in Manitoba's Court of King's Bench Tuesday over Hydro's Lake Winnipeg regulation project, which began operation in 1976.
"Our treaty rights have been infringed upon. Our people can no longer fish where their ancestors fished. Our medicines no longer grow where grandmothers once harvested," Chief Hartley Everett said at a news conference in Winnipeg.
The community, which entered into Treaty 5 with the Crown in 1875, said in its statement of claim it also wants an environmental assessment of the project and inclusion in future decisions affecting Lake Winnipeg, describing the impacts of the project as "devastating" for the community.
"This is not only a legal matter. It is moral and it's a spiritual one — the land is our life, the water is our spirit. We are not here as victims — we are here as protesters, as leaders and as treaty partners demanding justice," Everett said.
None of the allegations in the statement of claim have been proven in court. Manitoba Hydro and the provincial NDP government wouldn't comment on a matter before the courts, and CBC News did not hear back Tuesday from the federal Liberal government.
The project, which lets the Crown hydroelectric corporation manipulate water levels on Lake Winnipeg to generate power, includes the Jenpeg generating station and a series of diversion channels that increase the outflow capacity from Lake Winnipeg into the Nelson River, according to Hydro.
The statement of claim says it has caused problems for the First Nation including poor water quality, flooding and loss of traditional areas.
It's also caused problems for fishers in the area, as fish leave the shore, and boats and equipment get damaged by rocks and sandbars uncovered when water levels drop to an unnaturally low level, the claim alleges.
Berens River resident Harrison McKay said he's seen that first-hand, noting it's become hard to make a living fishing in the area — and saying the walleye quotas he has have become "useless."
"Nets are not cheap. Motors are not cheap. It's like buying a vehicle," said McKay, who added he's been a fisherman for about 40 years but hasn't fished much for close to the last decade.
"The fish that you're supposed to catch on the channel, where … my dad and them used to fish are no longer there."
Greg McIvor, who works with Berens River's chief and council, called the community "very fish-oriented people" whose land "was traditionally a hub for the whole east side, going into northwest Ontario and northern Manitoba."
"They maintained this strong connection to the lands and the waters and the rivers — and all of that has been impacted and affected by various reservoirs and control structures," he said.
The statement of claim alleges lake levels manipulated to be higher than normal have also caused flooding on reserve lands, covering roads with water, causing mould in housing and leading to at least one home being condemned because of erosion.
Animals like beavers and muskrats have also "become increasingly scarce," as have plants such as wild rice, berries and ginger root, it says.
Environmental assessment
While Manitoba's Clean Environment Commission held hearings on the effects of the project in 2011 and issued a report in 2015, the statement of claim says that report was not technically an environmental assessment.
Instead, it "relied on self-reported data from Manitoba Hydro" and "there was no comprehensive independent assessment or third-party technical studies or reports completed," the lawsuit claims.
It also says while the First Nation participated in those hearings and consultation on the licence, it "did not receive adequate capacity support" and its participation "was therefore constrained, and [it] was not able to fully participate."
The report also highlighted concerns including an "inability to properly assess the impacts of [the project] on shoreline erosion due to lack of data and studies," according to the lawsuit.
As a result, the claim said the First Nation "rejects some of the conclusions of the report and remains concerned that the evidence relied on was that of the proponent, Manitoba Hydro."
Bruce McIvor, legal counsel for the First Nation, said there were "a lot of shortcomings" in that report — and it's "far past the time for a proper, full environmental assessment."
"Berens River is owed that, all First Nations around the lake are owed that, the people of Manitoba are owed that — and importantly, the lake itself is owed a proper environmental assessment."
The statement of claim is seeking an order to have "appropriate and sufficient" monitoring technology installed and a comprehensive study done to assess the impacts of the project.
The filing says it's also seeking injunctions stopping Hydro from operating the project in a way that it alleges negatively affects the community's lands and treaty rights, but what its future holds will "be the basis of the conversation between Manitoba and Berens River," the lawyer said.
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With files from Bartley Kives