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Political persuasion

Premier vows to aid aboriginals in claims spat with Ottawa

By: Larry Kusch

Posted: 07/28/2010 1:00 AM | Comments: 0 (including replies)

Chief Ovide Mercredi (centre) with Chief Clarence Easter (left) and Premier Greg Selinger at the burial site on Tuesday where 24 graves dating back to the 1800s were exposed during the construction of a dam in the 1960s. (WAYNE.GLOWACKI@FREEPRESS.MB.CA )

Injured parties

The three communities seeking a negotiated settlement from Ottawa:

Opaskwayak Cree Nation (pop. 5,300) is located on the Saskatchewan River near The Pas. It lost access to traditional hunting lands to the east of the community when the Grand Rapids dam was built.

Chemawawin First Nation (pop. 1,200), just east of Opaskwayak along the river delta, was relocated to present-day Easterville when nearly all of the reserve -- 500,000 acres -- was flooded by the dam.

Misipawistik Cree Nation (pop. 1,600), formerly known as Grand Rapids First Nation, is located east of Chemawawin, extending east to Lake Winnipeg. Hydro development flooded rich berry-picking lands and destroyed important hunting land.

GRAND RAPIDS -- Premier Greg Selinger jetted to this northern community Tuesday vowing to help three First Nations win a negotiated settlement from Ottawa for failing to protect their interests a half century ago when Manitoba Hydro built its first northern power dam.

The premier and Finance Minister Rosann Wowchuk toured an aboriginal burial ground damaged during the dam's construction and later attended a powwow, where they were joined by deputy premier Eric Robinson.

Their arrival caused a bit of a spectacle at the remote community's landing strip on Tuesday, with the premier arriving from Flin Flon -- where he had announced new training funds for the mining industry -- and a separate jet carrying Wowchuk touching down a few minutes later. Waiting for them were First Nations leaders, including Misipawistik Cree Chief Ovide Mercredi, and a group of reporters who had been touring the affected First Nations at their invitation.

"I believe the federal government should negotiate a solution," Selinger said, offering to help facilitate the talks.

The Chemawawin, Misipawistik and Opaskwayak First Nations launched lawsuits against the federal government nearly 20 years ago. The suits are still stuck in pre-trial motions.

The First Nations would rather negotiate a settlement with Ottawa than spend scarce resources on a court battle. Federal rules prevent First Nations from using federal operating grants on such suits, forcing them to rely on funds from reserve-run enterprises. Ottawa has refused to negotiate, they say.

A settlement could mean tens of millions of dollars to the three communities along the Saskatchewan River delta, which argue Ottawa had a fiduciary obligation to look out for their interests when the province and Manitoba Hydro started to contemplate building a northern dam in the late 1950s. The Grand Rapids dam was fully operational in 1968.

They claim Ottawa aided the dam-building effort by suggesting First Nations had little choice but to accept their fate. Hundreds of thousands of acres of wildlife habitat were flooded -- land that supported three self-sufficient communities that have fallen on tough times since. One of the First Nations, Chemawawin, was relocated to present-day Easterville, when virtually all its land was covered with water.

Manitoba Hydro has paid tens of millions in compensation to the First Nations over the past few decades, while the province has offered land. Ottawa has refused to come to the table and has begged off commenting on the matter, citing the fact it is before the courts.

In March, the First Nations argued in Federal Court in Winnipeg that hundreds of federal documents they say would bolster their case should be turned over to them. But the federal government argues the documents should be kept confidential because they are protected by lawyer-client privilege.

On Tuesday night, Selinger and his cabinet colleagues met with leaders of the three communities.

"We'll work with the chiefs. And we've already been in contact with the federal minister of Indian and Northern Affairs through our deputy premier Eric Robinson, and we'll find a way to bring all the parties to the table," Selinger promised.

larry.kusch@freepress.mb.ca

Republished from the Winnipeg Free Press print edition July 28, 2010 A3

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