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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.