Manitoba, Ottawa say $4.8-B lawsuit over Lake Winnipeg should be tossed

The Manitoba and federal governments denied any wrongdoing as they asked a court to reject a lawsuit filed by First Nations over the effect of sewage spills and pollution on Lake Winnipeg.

In separate statements of defence, the two levels of government say their conduct didn’t harm the First Nations.

The First Nations claim in the lawsuit, launched a year ago, that decades of pollution that ended up into the Red and Assiniboine rivers, which flow into Lake Winnipeg, have caused physical, psychological, social and cultural harms to their communities.

The suit was launched after more than 200 million litres of raw sewage got into the Red River when a municipal sewer pipe broke in February 2024.

The $4.8-billion lawsuit, filed in the Manitoba Court of King’s Bench by eight First Nations, names the municipal, provincial and federal governments as defendants.

The plaintiffs were Black River, Berens River, Brokenhead, Hollow Water, Kinonjeoshtegon (Jackhead), Misipawistik (Grand Rapids), Sagkeeng and Poplar River. Bloodvein, Dauphin River and Fisher River Cree First Nations have since signed on as plaintiffs.

In its submission, the province says the nutrient load in Lake Winnipeg — increased nitrogen and phosphorous, which contribute to increasingly frequent algae blooms — can be blamed on various sources, including climate change, agriculture, urban and industrial development as well as wastewater, and it would be “challenging” to attribute it to one source.

Manitoba argues, on top of its environment and water legislation, it has various programs to monitor the lake and surrounding communities. It said it isn’t responsible for promises made in treaties that were signed by the federal Crown.

The province asserts it exercises due diligence and takes appropriate regulatory action to deal with the City of Winnipeg’s sewage spill infractions, including by pursuing charges under the Environment Act, as it did in response to the February 2024 spill.

The province argues the City of Winnipeg is responsible for its wastewater system and must inform affected communities when there’s a sewage spill.

The province notes that water quality in First Nations is a federal responsibility.

Further, the province says, parts of the claim are barred under the Limitations Act. It filed a cross claim against the city.

The federal government, in its statement of defence, acknowledges the effect of sewage on the lake, but says other sources in the watershed have also polluted the water.

It argues it has gone to considerable lengths to study and improve the health of the lake as a matter of public policy.

Ottawa says the city must adhere to federal regulations on pollution and the senior level of government investigates and pursues regulatory actions when rules aren’t followed.

Last month, Ottawa slapped the city with a federal Fisheries Act charge in connection with the 2024 spill.

The City of Winnipeg, in court filings last week, argued the 2024 incident and other sewage spills have little effect on pollution in Lake Winnipeg, while the blame for water-quality issues falls to the province and Ottawa for not providing enough money to upgrade Winnipeg’s sewer system.

The city argued other sources predominantly affect the lake and that reducing or eliminating contributions from the municipal sewer system would not restore Lake Winnipeg to its natural condition or eliminate the issues, as the First Nations alleged in their lawsuit.

The city argued the other two governments have jurisdiction to regulate effects to Lake Winnipeg. It launched cross claims against the two senior governments.

erik.pindera@freepress.mb.ca