First Nation band files legal claim over hydroelectric project on Lake Winnipeg

A Manitoba First Nation has filed a lawsuit alleging a project in the province is causing environmental and cultural harm. Taylor Brock has more.

Berens River First Nation has filed a statement of claim over “ongoing damages” caused by Manitoba Hydro’s Lake Winnipeg Regulation (LWR) project, according to a media release.

The LWR project, which began operating in 1976, regulates the water levels of Lake Winnipeg for hydroelectric power generation, per the statement of claim.

However, Berens River First Nation—whose reserves are located on the shore of the lake—said they were never consulted or consented to the project, which they claim has had “devastating impacts.”

The claim against Manitoba Hydro and the federal and provincial governments said the project violates the United Nations Declaration on the Rights of Indigenous Peoples and treaty rights.

Several environmental damages are alleged to stem from the project, including diminished water quality from sedimentation, bank destabilization, and “loss of reserve land.”

“There have been no comprehensive studies or examinations of the LWR project’s effect on the lake, the environment, and (Berens River First Nation)’s treaty rights,” reads the statement of claim.

The claim said the provincial government issued an interim license to Manitoba Hydro before operations began, allowing the corporation to regulate Lake Winnipeg levels between 711 and 715 feet above sea level.

Before the final licence was issued, Manitoba’s Clean Environment Commission issued a report of the project in 2015, but the claim said it lacked data and was not an environmental assessment.

The project is also alleged to have led to a “loss of traditional hunting, trapping, and harvesting areas and (resulted in) harm to (Berens River First Nation)’s cultural and traditional knowledge, economy, identity, and way of life.”

Berens River First Nation is seeking damages, declarations of wrongdoing, and an injunction restraining project operations that impact their reserve lands and treaty rights.

The band is also looking for “comprehensive detailed studies that adequately assess the impacts” of the project and monitoring technology on the lake.

None of the allegations have been tested in court.

CTV News reached out to Manitoba Hydro and the federal and provincial governments, who declined to comment.