First Nation sues province, Manitoba Hydro over dams

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This article was published 05/12/2023 (681 days ago), so information in it may no longer be current.

A northern reserve is suing the provincial government and Manitoba Hydro, alleging its land and way of life have been damaged by hydro dams that were built decades ago to power mining operations.

The Mathias Colomb Cree Nation is seeking damages and compensation for the loss of use and the exercise of its treaty rights on the land affected by the Laurie River hydro electric dams, in a lawsuit filed last week.

It wants the revenue created by the two generating stations, as well as $100 million in general damages and $10 million in punitive and aggravated damages.

Mathias Colomb Chief Gordie Bear could not be reached for comment, but the band’s lawyer, Kate Kempton, said while the amount of power generated by two stations is a small part of the utility’s overall capacity, they have had a huge effect on the lives of the people of Mathias Colomb.

“There are pretty severe impacts,” Kempton said. “The area there has been flipped upside down. Cultural areas and artifacts have been flooded and ruined. There has been an impact on fish and fish habitat. There has been flooding of reserve lands.

The lawsuit alleges the provincial government and Manitoba Hydro have “been unjustifiably enriched by reaping the economic benefits of the dams without adhering to the duty, adhering to obligations under Treaty 6, or otherwise compensating or accommodating (the band) for the impacts to their lands and to their treaty rights as a result of the dams.”

“There are pretty severe impacts. The area there has been flipped upside down. Cultural areas and artifacts have been flooded and ruined. There has been an impact on fish and fish habitat. There has been flooding of reserve lands.”– Kate Kempton, lawyer for the Mathias Colomb Cree Nation

Manitoba Hydro’s website says the two generating stations on the Laurie River went into operation in 1952 and 1958 to power the Sherritt Gordon mining operations near Lynn Lake, a town created to service the mine.

“It is sad because (the dams) were built to service the Sherritt (Gordon) mines… they were never built to generate for a large population, but to service an industry,” Kempton said.

Manitoba Hydro bought the generating stations, located 60 km south of Lynn Lake, in 1970. They generate a total of 10 megawatts of electricity. In comparison, the Limestone Generating Station has a capacity of 1,220 megawatts and the utility’s total power generation is 6,100 megawatts annually.

Kempton said the dams have never been subject to an environmental assessment.

She said a watershed management board should be created to prevent the Manitoba Hydro from being the sole decision-maker when it comes to raising and releasing water.

“These dams need a full re-think,” she said. “I even question whether they need to be there anymore. Should these dams be shut down and the lands remediated? The question is out there.”

The reserve wants a judge to issue a permanent injunction that would stop the utility from reviewing its licences to operate the northern dams. it also wants the court to order the government to negotiate with the band.

“These dams need a full re-think. I even question whether they need to be there anymore. Should these dams be shut down and the lands remediated? The question is out there.”– Kate Kempton

Forty-year licences were granted, which allowed the dams to be constructed; approval was given for the damming of both Eager and Russell Lakes and the diversion of the Loon River into the Laurie River watershed.

The province issued three licence extensions for both dams. They expire in 2025.

Manitoba Hydro said it couldn’t comment because the matter is before the courts.

Adrien Sala, the province’s finance minister and the minister responsible for Manitoba Hydro, said he is aware of the lawsuit.

“As the matter is now before the courts, Manitoba Justice will review the lawsuit and government will consider its response in due course,” Sala said in a statement.

No statement of defence has been filed.

kevin.rollason@freepress.mb.ca