First Nation’s lawsuit asks judge to order Manitoba Hydro to raise Split Lake level

York Factory First Nation has launched a lawsuit that asks a judge to order Manitoba Hydro to raise the water level on Split Lake so the isolated community’s ferry service can be restored.

A statement of claim filed by Chief Darryl Wastesicoot in the Manitoba Court of King’s Bench Thursday accuses Manitoba Hydro of “intentionally, wilfully, and callously managing the water levels of Split Lake” for economic reasons in a way that harms the First Nation and endangers its members. It also names the provincial and federal governments as defendants for failing to intervene.

The statement of claim said the federal government forcibly removed the First Nation residents from traditional land onto reserve land without proper support and protection from the negative impacts of Manitoba Hydro’s activities.

The 30-page claim seeks emergency funding for York Factory First Nation to transport food, medicine, supplies, and community members as necessary, “using whatever forms of transport as necessary.”

It asks the court to order that both sides of Split Lake be dredged to ensure reliable operation of the ferry that the community has called its lifeline. York Factory declared a state of emergency after the ferry was shut down in July.

The lawsuit seeks a ferry replacement or upgrade, and a new dock located in a safer, more accessible location. It’s also asking for “jet boats” to be purchased or chartered for the community to access its traditional land, and the construction of an all-season road. The First Nation asked the court to order general, punitive and aggravated damages.

Manitoba Hydro did not immediately respond to a request for comment late Thursday.

Earlier in the day, the provincial Crown corporation issued a news release stating it has provided assistance to York Factory after the community posted on social media that it’s been “abandoned.”

A day earlier, the First Nation, which is located 900 kilometres north of Winnipeg and has 480 residents, said it hasn’t received the help it was promised after the ferry was taken out of service following a drought that caused the water level in Split Lake to drop.

It said Hydro loaned York Factory two small, open aluminum boats. Three heavy-duty Hydro patrol boats on Split Lake have not been assigned to support the First Nation, it said.

It said the province and the Crown utility “have basically abandoned the York Factory First Nation to fend for ourselves while Hydro stores water to make export sales this coming fall and winter to American customers.”

The Crown corporation has said a sustained drought is the reason water levels are so low and that it cannot raise them on the northern lake because doing so would jeopardize electrical reliability.

“Manitoba Hydro has made six boats available to help transport people and supplies to and from (the community). Two of the boats — one open landing-craft and one canopy boat — were loaned for the community to operate. Four more boats, including three Manitoba Hydro boat patrol vessels, are being operated by Manitoba Hydro staff and are available daily to support the community,” the release said.

It said the utility has also arranged and paid for repairs to a boat owned and operated by the First Nation.

Reached by phone Thursday, Wastesicoot said he wasn’t prepared to comment until he had a chance to review Hydro’s news release.

Hydro said it is in regular communication with the chief and council “to respond to the community’s concerns.” It said it supplied two floating docks that the First Nation had requested to use where it sees fit.

In an Aug. 1 letter to the province, York Factory’s council accused Hydro of prioritizing electricity generation over essential ferry service, and making decisions without accountability.

It has called on Manitoba Hydro to raise lake levels so that the ferry to Tataskweyak Cree Nation, which is located between two hydroelectric dams, can be restored. Wastesicoot has said the ferry is a lifeline because it links the isolated community with the provincial highway system during open-water season.

carol.sanders@freepress.mb.ca