City of Winnipeg says 2024 sewage spill had no significant impact on Lake Winnipeg's health

The discharge of untreated sewage from a broken Winnipeg pipe in February 2024 did not result in significant impacts on the ecology of Lake Winnipeg, the City of Winnipeg argues in a statement of defence against a $4.8-billion lawsuit launched over the spill by 11 First Nations.

The city, province and federal government also denied in separate statements of defence they engaged in actions that harmed the First Nations — while the city and province said the First Nations have no standing to make some of their claims.

In May 2024, the eight First Nations — Berens River, Black River, Brokenhead, Hollow Water, Kinonjeoshtegon, Misipawistik, Poplar River and Sagkeeng First Nations — and their chiefs filed a claim against the city, province and federal government, seeking billions of dollars in compensation for the discharge of more than 200 million litres of untreated sewage into the Red River.

Bloodvein, Dauphin River and Fisher River First Nations and their chiefs later added their names to the claim. 

Those plaintiff First Nations are located downstream of Winnipeg or along Lake Winnipeg, meaning they are affected by discharges in the Manitoba capital, according to their statement of claim.

The leak was stopped weeks after it began. It was the second-largest spill in Winnipeg's history. 

In a claim filed last year with Manitoba's Court of King's Bench, the First Nations accused the city, province and feds of failing to maintain the wastewater management system, "implement or enforce adequate regulatory mechanisms," warn the First Nations about the spill, or rectify any damage resulting from the discharge.

The First Nations initially sought $4.8 billion from the three levels of government: $500 million each for breaches of their Charter rights, as well as $100 million for the eight initial plaintiffs in punitive damages.

In a statement of defence filed on April 30, the city argued the discharges did not result in a significant contribution toward "nutrient loading" into Lake Winnipeg, which is the process where phosphorus and other nutrients that spawn the growth of algae enter into a body of water.

Winnipeg is just one source for nutrients that flow into the lake from a vast watershed that stretches from the Rocky Mountains to northwestern Ontario, the city argued in its statement of defence.

"As a result of this vast and complex watershed, nutrients and pollutants flowing into Lake Winnipeg come from a variety of sources both inside and outside of Manitoba, including wastewater and surface runoff from large regions of intensive agriculture," according to the statement of defence.

"The Red River and the Assiniboine River in particular cross agricultural lands and collect nutrients and pollutants in the course of their flow toward Lake Winnipeg."

The city nonetheless argued it "has invested and continues to invest significant sums on its wastewater management system, including on upgrades that have and will further reduce the discharge of nutrients and pollutants."

While these improvements have reduced the city's contribution of nutrients, further reducing the city's nutrient loading by eliminating all discharges would not result in a significant reduction in overall nutrient load into the lake, the city argued.

"Due to the predominance of other sources impacting the cumulative nutrient loading and pollutants to Lake Winnipeg, further reducing or even eliminating nutrient contribution from the city's wastewater system would not restore Lake Winnipeg to its natural condition or eliminate the impacts alleged in the claim."

The city also issued a cross-claim against the federal and provincial governments, arguing they have not provided the city with the financial means to complete sewage treatment upgrades. 

The province, in turn, issued cross-claims against the city and federal government, while the federal government issued cross-claims against the city and province.

The provincial and federal governments issued their statements of defence and cross-claims on May 2.