Wind farm cash demanded

Much like they've paralyzed the redevelopment of Kapyong Barracks, Treaty One First Nations are threatening to tie up the province's massive new wind farm in court unless they're included in the $800-million dollar deal.

Aboriginal leader Terry Nelson says the wind farm will be located about 10 kilometres from his reserve at Roseau River on land that seven First Nations consider their traditional territory.

If there's no proper consultation and a fair deal to share revenue, Nelson said he will ask the courts for the same kind of judicial review now stalling the Kapyong Barracks redevelopment.

"We would rather settle out of court or work with governments, but it has been 138 years of frustration," said Nelson, who is himself mired in a bitter band election for chief.

"The 1871 Treaty One territory is like any other property deal. When the one who buys or leases the land doesn't pay or reneges on the legal obligations, the original owners have legal recourse."

The move could kibosh the Doer government's promise to build 1,000 megawatts of wind power over the next few years.

Last fall, Manitoba Hydro's board approved a deal with Australian mega-firm Babcock and Brown and Alberta-based BowArk Energy to build the province's second wind farm -- a 300-megawatt one near St. Joseph in southern Manitoba. It will be the biggest wind farm in Canada, if it ever gets built.

Babcock and Brown's Colin Edwards said he's not sure what claim the bands would have on the St. Joseph site, since every turbine is slated to go on private, not Crown, land.

The company has been meeting with Roseau River to explain the project and perhaps work on ensuring employment for some First Nations people.

But Edwards said his company would not be interested in sharing revenue with the bands.

Manitoba Hydro buys the power from the wind farm, puts it on the grid, and then sells it to Manitobans, Americans, and other provinces.

Hydro chief executive officer Bob Brennan said he understands the desire of impoverished bands to glean revenues from local projects.

But he's not sure the Treaty One bands have a claim.

Nelson, the long-time chief of Roseau River, is easily the province's most controversial aboriginal leader. He is currently in a protracted dispute with Felix Antoine, a rival for chief. Both claim victory in separate elections that were held March 2 and no resolution to the stalemate appears imminent.

But Nelson's stand on the wind farm appears to have the support of other chiefs in the Treaty One area.

Long Plain First Nation Chief Dennis Meeches says the threat of a court challenge is part of an aggressive new strategy to force Ottawa to deal with thousands of acres of outstanding land claims.

"We are challenging the government on all fronts. We can't afford to sit back and be passive any more, It's just not part of our game plan now," said Meeches.

"It's tough for us to see our standard of living flatlined for decades while everyone else's had gotten better."

Meeches said First Nations must be involved in major projects on their traditional land so they can share in the economic rewards.

Finance Minister Greg Selinger, who is in charge of Manitoba Hydro, could not be reached Friday, but provincial officials say the Doer government has been in contact with First Nations in the area to talk about the wind farm. The province encourages Roseau to keep meeting with Babcock & Brown.

maryagnes.welch@freepress.mb.ca

Three major projects facing possible delays

SEVEN bands that are signatories to the 1871 Treaty One have held up or are threatening to hold up at least three major construction projects in Manitoba. The bands say they are due a share of the revenues or the land itself as payment for outstanding land claims. The court challenges have cost taxpayers millions in lost revenue and lawyers fees, but First Nations say inconvenience and financial burden don't trump rights entrenched in the Constitution.

Pipelines

WHAT IT IS: Three oil pipelines through southwestern Manitoba -- one built by TransCanada, and two built by Enbridge.

WHAT FIRST NATIONS WANT: A share of the oil revenue due to Ottawa, though there's no dollar figure attached to that.

STATUS: Last year, the seven Treaty One bands asked the federal court for a judicial review of the pipelines to determine whether Ottawa did right by First Nations by approving the projects. A hearing was held in January. The court's decision is expected soon, but construction has continued.

Kapyong Barracks

WHAT IT IS: The old home of the Princess Pats in River Heights, abandoned in 2004 and left vacant ever since. It was supposed to be sold to Canada Lands so the Crown development firm could turn it into a snazzy new neighbourhood.

WHAT FIRST NATIONS WANT: The barracks to be given to them as part of outstanding land claims so they can create an urban reserve with housing, educational facilities, and businesses to lift their people out of poverty.

STATUS: In limbo. Ownership of the barracks can't be transferred to Canada Lands until a court challenge filed by the First Nations is resolved. A key hearing is scheduled for late May, but it could be a few months after that before a federal court judge makes a decision.

St. Joseph Wind Farm

WHAT IT IS: The province's big new farm in southern Manitoba. 300 megawatts. 130 turbines. $800 million. Built by an Australian mega-company and its Calgary partners that will sell the wind power to Manitoba Hydro.

WHAT FIRST NATIONS WANT: A share of the revenues from the wind farm, which they say will be built on their traditional land.

STATUS: The project is going ahead, but First Nations have threatened to take their complaints to court. It remains to be seen if that will actually happen.

Republished from the Winnipeg Free Press print edition April 6, 2009 A6