Feds, Manitoba, city point fingers in First Nations’ $4B sewage spill lawsuit

The new bypass set up to help stop sewage from spilling into the Red River near the Fort Garry Bridge on Feb. 22, 2024. (Danton Unger/CTV News Winnipeg)

The finger-pointing has begun in the wake of a $4 billion lawsuit launched by several First Nations against the feds, the province and the city over a massive sewage leak in Winnipeg last year.

All three levels of government have asked for the lawsuit to be tossed out, while also filing their own counterclaims against each other.

The original lawsuit was launched in April 2024 by eight First Nations bordering Lake Winnipeg. The claim, which three other First Nations have since joined, alleges recurring sewage spills and continuous discharges are leading to the pollution of Lake Winnipeg and the Red River.

Read More: Manitoba First Nations suing over Lake Winnipeg pollution

It pointed to the massive sewage leak in February 2024, in which 221.2 million litres of raw sewage spilled into the Red River.

The claim sought compensation for financial losses incurred due to the pollution, naming the governments of Canada and Manitoba, along with the City of Winnipeg, as defendants in the suit.

The federal government has pushed back against the lawsuit, arguing in a statement of defence the responsibility for pollutant discharges lies with the party that released it.

As for the February 2024 sewage spill, Canada claimed it launched an investigation and laid a charge under the Fisheries Act against the city.

It called for the lawsuit to be dismissed and filed its own counterclaim against the city and the province. It argued if the First Nations suffered damages and losses, it wasn’t caused by any breach of duties on Canada’s part but solely caused or contributed to by the actions or omissions of the province and the city.

In its statement of defence, Manitoba said it exercised due diligence and took appropriate enforcement action against the city in the wake of the February 2024 sewage spill. It noted this included an environmental protection order and charges under the Environment Act, which are currently pending in court.

It further challenged the First Nations to prove the pollution or nutrient levels in Lake Winnipeg were caused by a single source.

“There are many different factors that contribute to the health of Lake Winnipeg and its water quality,” the statement reads, listing climate change, agriculture, urban and industrial development as other factors.

The province also called for the lawsuit to be dismissed and launched its own counterclaim against the city.

The city, in its statement of defence, said pollution in Lake Winnipeg comes from various sources.

“…reducing or even eliminating nutrient contribution from the City’s wastewater system would not restore Lake Winnipeg to its natural condition or eliminate the impacts alleged in the claim,” the city wrote in its defence, adding later, “the alleged impacts on the health of Lake Winnipeg are caused by cumulative discharge of nutrients and pollutants throughout the Lake Winnipeg Basin.”

The city has also launched its own counterclaim, arguing the provincial and federal governments have the jurisdiction to regulate the environmental impacts on Lake Winnipeg.

While the city noted it has invested significant dollars into its wastewater management system, it argued the other levels of government have failed to provide the city with the necessary financial support for the upgrades.

The allegations in the claims and counterclaims have not been tested in court.