Cree Nation amps up fight against Manitoba Hydro

A remote Manitoba community cut off by low water levels is suing Manitoba Hydro for immediate relief. After weeks of pointing fingers at each other through news releases, York Factory First Nation (YFFN) has escalated the dispute by filing a statement of claim in Winnipeg’s Court of King’s Bench Thursday. The fly-in community about 900 km north of Winnipeg blames the utility for keeping its ferry in dry dock this summer, and accuses Hydro of violating its Aboriginal and treaty rights. “The defendant, Manitoba Hydro, intentionally, willfully and callously managed the water levels of Split Lake in a manner which deprives members of York Factory First Nation access to their lands and ability to practice and exercise their Aboriginal and treaty rights,” the claim alleges. “The defendants have violated the rights of the plaintiffs under Section 7 of the Canadian Charter of Rights and Freedoms … by regulating the water around the reserve lands in a manner which has threatened the life, liberty and security of the plaintiff,” the claim further alleges. YFFN declared a state of emergency at the end of July. System of dams Hydro, which regulates water levels through a system of dams to provide electricity across the province, is a Manitoba Crown Corporation. It says in a news release the water levels are low due to “persistent drought conditions”. “Manitoba Hydro appreciates the difficulty faced by the community, including the termination of ferry service,” Hydro says in the release. “The utility has been in regular communication with YFFN to respond to the community’s concerns.” Hydro notes it has made six boats available to help transport people and supplies to and from the community. “Two of the boats, one open landing-craft and one canopy boat, were loaned for the community to operate. Four more boats, including three Manitoba Hydro Boat Patrol vessels, are being operated by Manitoba Hydro staff and are available daily to support the community,” the release added. “Manitoba Hydro has also arranged and paid for repairs to a boat owned and operated by YFFN.” Statement of defence A Hydro spokesperson declined to comment Friday. The utility has 20 days to file a statement of defence. YFFN also names the Manitoba government and federal Attorney General as defendants, alleging the government of the day relocated York Factory from its traditional lands to a reserve “without proper support and protection from the negative impacts of Manitoba Hydro’s activities.” The community has called on the Manitoba government to build an all-weather road to reduce its dependence on the ferry to the mainland. “The plaintiffs have a right to an all-season road that would connect the reserve lands to (the) rest of Canada and to their traditional lands,” it claims in the lawsuit. But Manitoba Premier Wab Kinew, who supports some mining and other development projects in the North, told a recent news conference it would cost approximately $5 billion to provide roads to all the remote First Nations. Resource extraction projects He suggested a York Factory road wouldn’t happen unless more nations agreed to resource extraction projects to cover the costs. The road to YFFN would cost an estimated $152 million. The statement of claim, among other things, seeks an “interim, interlocutory or permanent injunction ordering Hydro to release sufficient water into Split Lake to raise Split Lake’s water level to ensure that the water level is high enough for York Factory First Nation to operate the province of Manitoba’s ferry that services York Landing.” The claim further seeks “emergency funding” from Hydro to pay for the transportation of food, medicine, supplies and community members. It also asks the court to order Hydro to dredge Split Lake for improved ferry service, relocate and build a new ferry dock, and replace or upgrade the ferry. Financial compensation  YFFN is also seeking unnamed financial compensation for being unable to use the ferry,  access all of its lands, and depend on a consistent water level. In addition to specific damages, YFFN is seeking general damages it alleges were caused by Hydro. Hydro, in its most recent news release, says it has supplied two floating docks at the request of the community. It also alleges recent statements by YFFN criticizing the number and type of boats it has provided were “inaccurate.” Continue Reading