Manitoba did not adequately consult First Nations on flood channel work, judge rules
A Manitoba judge has ruled the province failed to properly consult First Nations communities on part of a planned flood-prevention project.
Chief Justice Glenn Joyal of the Court of Queen's Bench says the province did not live up to its constitutional duty to consult First Nations near Lake St. Martin, where the province is planning to build two channels to reduce the risk of flooding.
As part of preparatory work, the Manitoba government issued a permit in 2019 for a right of way on Crown land, so that engineers could do groundwater monitoring and other activity.
The Interlake Reserves Tribal Council, which includes six communities in the area, said there was no discussion in advance of tree-clearing and other work that was done.
Lawyers for Manitoba argued that the province had started speaking with First Nations and the clearing was part of the broader consultation process on the project.
Joyal, however, ruled that the clearing and other work done under the 2019 permit was not properly communicated beforehand.
"I agree with the applicants when they say that throughout the period of time in question, leading up to and shortly following the issuance of the permit, Manitoba had multiple opportunities to advise the applicants of the clearing contemplated by the permit, but did not do so in any meaningful way," Joyal wrote in his decision released Thursday.
The government only advised two of four affected First Nations communities of the permit work in advance, Joyal added, and that was in an email over the Christmas holidays in 2018.
"The Christmas email did not say they only had seven business days within which to provide a response before the permit would be issued."
Joyal rejected a second claim by the First Nations of inadequate consultation concerning a licence granted to build an access road leading to the area. The government followed proper procedure and was within its rights to dismiss an appeal of the licence, he wrote.
The court battle is part of a larger dispute over the $600-million flood-prevention project, which would see two channels built to drain high water from Lake Manitoba and Lake St. Martin into Lake Winnipeg. The Lake St. Martin area was severely flooded in 2011, forcing thousands from their homes.
The project has yet to be approved as environmental regulators in Ottawa have questioned whether the Manitoba government has done enough to address First Nations concerns.
This report by The Canadian Press was first published June 23, 2022
CTVNews.ca Top Stories
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
"It's a bit of a complicated pattern; we've got a lot going on," said Jennifer Smith of the Meteorological Service of Canada in an interview with CTVNews.ca on Wednesday. "[As is] typical with weather, all of these things are related."
Boeing's financial woes continue, while families of crash victims urge U.S. to prosecute the company
Boeing said Wednesday that it lost US$355 million on falling revenue in the first quarter, another sign of the crisis gripping the aircraft manufacturer as it faces increasing scrutiny over the safety of its planes and accusations of shoddy work from a growing number of whistleblowers.
Police tangle with students in Texas and California as wave of campus protest against Gaza war grows
Police tangled with student demonstrators in Texas and California while new encampments sprouted Wednesday at Harvard and other colleges as school leaders sought ways to defuse a growing wave of pro-Palestinian protests.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.