Two Manitoba First Nations seek $1B from City of Winnipeg, province, feds over pollution of Red River, Lake Winnipeg
Two Manitoba First Nations are seeking $1 billion in total damages, and have joined a long list of communities suing three levels of government for what they say has been the ongoing pollution and degradation of the Red River and Lake Winnipeg.
Bloodvein First Nation Chief Roland Hamilton and Dauphin River First Nation Chief Lawrence Letander are named as plaintiffs in a lawsuit filed on behalf of their communities on May 21 that seeks $500 million in damages each for both of those communities.
The lawsuit says the city, province and the feds have “contravened” Treaty rights and their fiduciary duties by allowing sewage and other contaminants to continue to pollute the Red River, which flows downstream to Lake Winnipeg, and other bodies of water, and towards several Manitoba First Nations including Bloodvein and Poplar River.
The suit accuses all three levels of government of “continuing to allow the city to treat the Red River as part of the sewage system,” and says the ongoing pollution has short and long-term effects on both communities, because they both rely on rivers and lakes for “sustenance, their way of life, and traditions.”
“Historically the city has been permitted by the Province and Canada to discharge both treated and untreated wastewater into the Red River and its tributary, the Assiniboine River, which drain into Lake Winnipeg,” the statement of claim reads.
It claims the negative effects to the communities from the pollution includes polluted drinking water, and a loss of industry and economic opportunities, including in the fishing industry, and are an “infringement” on the communities traditional ways of life.
The two communities now join eight other First Nations that have taken legal action this month over pollution of the Red River.
On May 1, the Brokenhead Ojibway Nation, Black River First Nation, Poplar River First Nation, Sagkeeng Anicinabe Nation, Berens River First Nation, Hollow Water First Nation, Misipawistik Cree Nation, and Kinonjeoshtegon First Nation announced they had filed a joint lawsuit naming the City of Winnipeg and the Manitoba and federal governments as defendants for the ongoing pollution of the Red River.
A lawyer representing the chiefs of those eight First Nations said on May 1, damages sought in that claim are “in excess of $4 billion.”
Both lawsuits come after the City of Winnipeg confirmed earlier this year that a massive sewage leak near the Fort Garry Bridge in south Winnipeg caused approximately 221 million litres of raw sewage to flow into the Red River, which flows into Lake Winnipeg and other bodies of water.
Both cite the sewage spill in Winnipeg earlier this year, but also claim there has been “ongoing” pollution and damage done to the Red River and Lake Winnipeg due to actions of all levels of government.
The two leaders are each seeking $500 million each on behalf of their communities as well as other damages, and are also seeking a permanent injunction that would halt discharge of sewage into the Red and Assiniboine Rivers.
City of Winnipeg declined comment as the matter is before the courts, a spokesperson said Tuesday. The Winnipeg Sun reached out to the Manitoba and federal governments for comment but had not received a response.
— Dave Baxter is a Local Journalism Initiative reporter who works out of the Winnipeg Sun. The Local Journalism Initiative is funded by the Government of Canada.
Dave Baxter, Local Journalism Initiative Reporter, Winnipeg Sun
