Southern Chiefs’ Organization takes government to court to have Lake Winnipeg declared a living entity

Posted on September 19, 2024 by Peggy

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.

A statement of claim filed in the Manitoba Court of King’s Bench with assistance from the Public Interest Law Centre on Thursday alleges the way the Manitoba government and the Crown corporation responsible for hydroelectricity in the province have artificially controlled water levels and outflow of Lake Winnipeg for decades has 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 until August 2026, the Southern Chiefs’ Organization said in a news release Thursday.

The group behind the lawsuit wants to see the court 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.

It’s also calling for a public hearing and environmental assessment to consider Manitoba Hydro’s recent application to extend its licence to regulate Lake Winnipeg in place 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.