Flood prevention: consultations with Aboriginal people deemed inadequate

The judge points out that the province failed in its constitutional duty to consult with First Nations located near Lake St. Martin, where Manitoba plans to build two canals to reduce the risk of flooding.

In 2019, as part of the preparatory work, the Manitoba government issued a right-of-way permit on Crown land, for engineers to carry out groundwater monitoring and other activities.

The Tribal Council of Interlake Reserves, made up of six communities in the region, explains that no prior discussion, particularly related to deforestation, had taken place. Government lawyers say otherwise.

Judge Joyal went in the direction of the First Nations.

” Manitoba had multiple opportunities to inform the applicants of the clearing contemplated by the permit, but did not do so in a meaningful way. “

In his decision, the judge specifies that the government informed in advance two of the four First Nations communities concerned by the permit. They received an email during the Christmas holidays in 2018.

The Christmas email did not say they only had seven working days to provide a response before the permit was issuednotes the judge.

Judge Glenn Joyal dismissed a second First Nations complaint of inadequate consultation to build an access road to the area. On this point, the judge confirms that the government followed the appropriate procedure.

This legal battle is part of a larger dispute over the flood prevention project. This $600 million project would see the construction of two canals to drain flood waters from Lake Manitoba and Lake St. Martin into Lake Winnipeg.

The Lake Saint-Martin region was severely flooded in 2011, forcing thousands of people from their homes.

Construction of the canals has yet to be approved as environmental regulators in Ottawa question whether the Manitoba government has done enough to address First Nations concerns.