Southern Chiefs’ Organization takes government to court to have Lake Winnipeg declared a living entity
The Southern Chiefs’ Organization says it’s taking Manitoba Hydro and the provincial government to court in a Charter challenge to have Lake Winnipeg given all the rights and protections of a living entity.
“Today, we are making history,” Grand Chief Jerry Daniels said at a news conference Thursday morning.
“We’re not saying this is going to solve everything, but we think this is going to be a good start to changing the way people think about the way the lake’s governed.”
A statement of claim filed Thursday in the Manitoba Court of King’s Bench with assistance from the Public Interest Law Centre alleges the way the Manitoba government and Manitoba Hydro have artificially controlled the water levels and outflow of Lake Winnipeg for decades has been “completely negligent” and had “dire” effects on the lake, Daniels said.
“It is simply irresponsible. Wetlands are in decline. Fish are sick. Invasive species have arrived, and First Nations are denied inherent Indigenous and treaty rights,” he said.
It is becoming increasingly difficult for First Nations to harvest food and traditional medicines in the area, he said.
“Most Manitobans will be stunned to know that in almost 50 years of operation on Lake Winnipeg, Manitoba Hydro has never been required to conduct an environmental assessment to properly analyze the impact of its operations on the lake.”
The Crown corporation generates $3 billion in annual revenue “by using the power of water to control lake levels with man-made infrastructures,” and in 2021 got a licence authorizing those activities to continue on Lake Winnipeg until August 2026, the Southern Chiefs’ Organization said in a news release Thursday. SCO represents 33 First Nations in southern Manitoba.
Emery Stagg, an elder from Dauphin River First Nation who’s lived on Lake Winnipeg his whole life, said before the first hydro project started there, he could drink the water and fish, swim and hunt in and near the lake.
“Today, the lake is dying,” Stagg said at the news conference. “It’s sad to see how Lake Winnipeg is being used for the dollar figure. But we need to stand up for our rights.”
The group behind the court filing wants the court to find the interference with the natural flows of the lake without environmental assessment has violated the rights of the lake itself and the First Nations citizens who rely on it.
They are also calling for a public hearing and environmental assessment to consider Manitoba Hydro’s recent application to extend its licence to regulate Lake Winnipeg for up to another 50 years under its existing operating rules, after its current licence expires in 2026.
“Lake Winnipeg must have its own voice in that public hearing,” Bloodvein First Nation Chief Lisa Young said at the news conference.
Grand Chief Daniels said he wants an environmental assessment of the lake to start immediately, with First Nations at the table. The group plans to dispute Manitoba Hydro’s proposed licence extension.
Daniels called the current regime “unacceptable.”
The group’s bid to have the lake declared a living entity isn’t the first of its kind, Daniels said.
Similar efforts have included the Magpie River in Quebec, which in 2021 was granted legal personhood status to protect it from future threats, including hydro development.
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