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Federal Court awards OCN $27M, 62 years after construction of hydro dam
5 minute read 6:34 PM CDTThe Federal Court has ordered Ottawa pay Opaskwayak Cree Nation $27 million over damages suffered due to the construction of the Grand Rapids hydro dam in the 1960s.
In a decision dated Sept. 3, Federal Court Justice Sébastien Grammond says the federal government had a fiduciary duty to protect the community from the impacts of the dam.
“When the Crown exercises a discretionary power over an Indigenous interest, it has a fiduciary duty and it must exercise the discretion in the best interests of the Indigenous group,” the ruling said. “Canada breached its fiduciary duty to OCN because it approved the (project) without ensuring that the impacts of the Grand Rapids dam on OCN’s traditional way of life were mitigated or compensated.”
The First Nation took the federal government to court in February over impacts on the community after the dam, located about 145 kilometres southeast of Opaskwayak Cree Nation, was installed on the Saskatchewan River in 1964. The case was heard over 14 days in a judge-alone trial in Winnipeg.
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