First Nation accuses Manitoba Hydro of environmental damage in lawsuit

A northern Manitoba community is suing a provincial Crown corporation for what it alleges is half a century of hydroelectric damage. Berens River First Nation, located about 300 kilometres north of Winnipeg on the eastern side of Lake Winnipeg, claims it has been negatively impacted by the operations and practices of Manitoba Hydro. The allegations are contained in a statement of claim filed Tuesday in Manitoba Court of King’s Bench. The provincial and federal governments are also named as defendants. “For almost 50 years, our people have suffered the consequences of a project we were never consulted on,” the Ojibwe band said in a news release. “Lake Winnipeg is our lifeline. Its waters have fed, healed, and carried our stories for generations.” The lawsuit alleges serious and generational damages were caused by the Lake Winnipeg Regulation (LWR) hydroelectric project of 1976 – a system of channels and structures Hydro says were built to manage the outflow of Lake Winnipeg, primarily for flood control and to optimize hydroelectric power generation along the Nelson River. But the band says in its legal claim that the LWR project never underwent an environmental assessment. As a result, it alleges LWR “caused shoreline erosion, loss of fish habitats, declining water quality, and economic and cultural devastation for [our] members – many of whom rely on the land for food, medicine, and tradition.” Read More: SCO seeking Charter Rights for Lake Winnipeg in suit against province, Manitoba Hydro The Crown corporation is the primary electricity producer in Manitoba, generating most of its power from its 16 hydroelectric dams. Along with financial damages, the band is seeking remediation, a full environmental review, and inclusion in decision-making regarding water levels, “as required by Treaty 5, section 35 of the Constitution Act, 1982, and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).” A spokesperson for Manitoba Hydro said the company was “not commenting today” on the lawsuit. The defendants have 20 days to file statements of defence. Wa Ni Ska Tan, an Alliance of Hydro Impacted Communities, has been documenting the affects of hydro-electric development in Manitoba. Comprised of researchers, academics, hydro-affected community members, concerned citizens, and members of the NGO community in Manitoba, it says hydro-impacted communities are mostly Indigenous communities. “Indigenous Peoples in Northern Manitoba have long experienced profound adverse impacts from hydro operations and practices,” the group says on its website. “These impacts have occurred across the full spectrum of human experience – in economic, social, and cultural life; health and well-being; safety and security; and the family.” In its legal claim, Berens River alleges the loss of traditional livelihoods (like fishing and trapping), environmental damage (such as flooded forests and contaminated waterways), and disruptions to its way of life. It says it is taking action now to protect the environment and its treaty rights going forward. Continue Reading