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
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
U.S. paused bomb shipment to Israel to signal concerns over Rafah invasion, official says
The U.S. paused a shipment of bombs to Israel last week over concerns that Israel was approaching a decision on launching a full-scale assault on the southern Gaza city of Rafah against the wishes of the U.S.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.