A southern Manitoba first nation is suing the provincial and federal government as a result of the 2011 flood, calling the event ‘a man-made disaster’.
A statement of claim was filed by Sandy Bay First Nation on Feb. 28 in the Court of Queen’s Bench.
Sandy Bay First Nation is a Lake Manitoba adjacent community about 178 kilometres west of Winnipeg.
The claim alleged the province artificially diverted water from the Assiniboine River into Lake Manitoba and nearby waterways “in order to save Southern Manitoba and its occupiers and residents and property owners from billions of dollars in substantial losses”.
The documents said the decision flooded reserve and traditional lands, destroyed property and devastated communities along Lake Manitoba.
It said the flood also negatively affected the first nation’s interest in its traditional lands and adjacent waterways.
The claim said both the provincial and federal governments didn’t adequately consult the first nation over the water regime and failed to fully compensate for breaching its legal obligation to do so.
The first nation also claimed the province failed to have adequate flood control measures in place.
The documents said Sandy Bay First Nation “would not have suffered those losses if (the provincial government) had not made the choice to regulate the water regime in the manner in which they did”.
As a result of the flood, the documents alleged portions of the community are uninhabitable leaving many residents displaced. "They continue to suffer economically, emotionally, socially, psychologically, spiritually and culturally," the documents said.
The suit is seeking an unspecified amount in damages as a result of the flood.
None of the allegations have been proven in court.
