CHIEFS SEEK RIGHTS OF NATURE FOR LAKE WINNIPEG

The Southern Chiefs Organization files a Statement of Claim against Manitoba Hydro and the Manitoba Government

“Weeniibiikiisagaygun (Lake Winnipeg) has a spirit, is sacred and is living. First Nations Knowledge Keepers, land users and rights holders tell us that Lake Winnipeg is suffering, and she is sick. Western scientists agree. It is our responsibility to speak on behalf of Lake Winnipeg as she is unable to speak for herself. Her well-being is crucial to the health of current and future generations.” – Overview in the Statement of Claim

WATERTODAY learned from the Southern Chiefs Organization who have partnered with a group of individuals in the claim that The Plaintiffs seek the relief based on a declaration that Lake Winnipeg holds rights to life, liberty and security of the person which are protected under Section 7 of the Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982.

The Lake Winnipeg Regulation Has Never Been Subject to an Environmental Assessment

For almost half a century, Manitoba Hydro has operated the Lake Winnipeg Regulation (“LWR”) project under The Water Power Act, C.C.S.M c. W60 (the “Water Power Act”) and the Water Power Regulation, M.R. 25/87 (the “Water Power Regulation”).

According to The Plaintiffs:

By artificially constraining water levels, fundamentally altering seasonal variations of water levels and flows and materially increasing the quantity of water flow, the LWR project has profound and cascading impacts on the health of the Lake, surrounding watersheds, wetlands and shorelines, and on other living beings, including plants, fish, animals, and birds.

The LWR project has further resulted in severe and prolonged impacts on the physical, psychological and spiritual health and wellbeing of the Anishinaabeg of the Lake Winnipeg Basin who have always lived in relationship with the Lake. Despite these impacts, the LWR project has never been subject to an environmental assessment.

Grand Chief Jerry Daniels confirmed, “A report by the Clean Environment Commission more than a decade ago found, among many shortfalls, that Manitoba Hydro did not properly consider environmental protection and climate change in its planning and operations.”

Daniels adds, "The improper management by Manitoba Hydro and the province is devasting to Lake Winnipeg and all the life she supports. Weeniibiikiisagaygun is sick, the wetlands are sick, the fish are sick. It’s becoming increasingly difficult to harvest food and traditional medicine. It’s time to make things right.”

Manitoba Hydro has now applied under the Water Power Act to extend the term of its Final Licence for the LWR project (the “Renewal Application”). If approved, the Renewal Application will allow Manitoba Hydro to continue its commercial use of the LWR project under its existing operating rules for up to 50 additional years, exacerbating and prolonging the impacts of the project.

The Charter Challenge claims:

“The health of the Lake is in crisis. It is critical that the determination of the Renewal Application include a robust public process which is informed by First Nations’ traditional and cultural knowledge, and which meaningfully considers the existing and future impacts of the LWR project on the health of the Lake and surrounding area. Just as critically, it must include an opportunity for the living entities affected by the LWR project – including the Lake herself – to have a voice in decisions about whether the Renewal Application is in the public interest.”

Joining SCO in the lawsuit are four water protectors, Elder Mary Maytwayashing, Elder Robert Maytwayashing, Elder Emery Stagg, and Knowledge Keeper Taylor Galvin.

“Weeniibiikiisagaygun is our greatest teacher,” said Taylor Galvin, environmental scientist. “We are part of her, and she is part of us. Sadly, her spirit and health are slowly dissipating. We must listen to her as she carries a spirit and teachings.”

The Statement of Claim may be viewed here

https://scoinc.mb.ca/lake-winnipeg-charter-challenge-statement-of-claim/