Province admits failure on Indigenous consultation

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This article was published 17/08/2022 (862 days ago), so information in it may no longer be current.

OTTAWA — Construction on Interlake flood-mitigation channels might not start until late 2024, as the Stefanson government apologizes for botching the required consultation with Indigenous communities.

“We have fallen short in our responsibilities to collaborate fully in the true spirit and intent of reconciliation,” reads a joint statement Wednesday from Reconciliation Minister Alan Lagimodiere and Infrastructure Minister Doyle Piwniuk.

The two were meeting with Interlake chiefs about the perpetually delayed Lake Manitoba and Lake St. Martin channels, a project that has been in the works since 2011 but can’t proceed without federal regulatory approval.

In late June, Manitoba Infrastructure asked the Impact Assessment Agency of Canada to extend its Aug. 28 review deadline by another 18 months.

The regulator is still assessing the June 30 request which, if accepted, will likely mean no formal approval until February 2024. Manitoba Infrastructure has said the project can get underway only with that approval, with construction to wait until autumn, as some tasks require frozen ground.

On June 10, Piwniuk’s office had said it anticipated construction would start this fall.

Piwniuk was not available for an interview Wednesday, and his office could not immediately say what had caused the extension request, nor whether it will add to the cost estimate.

The regulatory review started in 2018 but has hit numerous snags, largely due to Manitoba submitting inaccurate and incomplete information.

In June, the federal regulator noted that the province’s submissions from a month prior had still failed to answer questions it asked in April and, before that, in July 2020.

Meanwhile, the federal government has beefed up the processes involved in reviewing major infrastructure projects, which it argues will avoid lawsuits over Indigenous and environmental issues.

While the channels are being assessed under legislation that was in place before Prime Minister Justin Trudeau’s Liberal government tightened the rules, they have used ministerial powers to ensure downstream communities in northern Manitoba are also consulted.

But even communities closest to the channels have long complained they were inadequately consulted. In June, a Manitoba judge ruled the province “failed to discharge its constitutional duty to adequately consult” four local bands.

The two ministers met with the Interlake Reserves Tribal Council Wednesday to hear about their concerns, ranging from protecting fish habitats to project designs they argue will not actually prevent flooding.

“We deeply appreciate this opportunity to hear directly from Indigenous leadership and listen to their concerns,” the two ministers wrote in a news release.

“Today’s conversations serve as an important step in the path forward for engagement based on honesty, trust and respect.”

NDP Leader Wab Kinew said the PC government’s approach “has led to fights with the federal government, lawsuits and wasted time.”

Also Wednesday, the province announced a new environmental advisory committee “to ensure meaningful input, accurate information and constructive feedback are openly shared.”

In May, a freedom-of-information request revealed that the project’s estimated cost had jumped by $60 million to $600 million; officials insist this isn’t due to delays, but rather to pay for more environmental features such as fish ladders.

The project has secured $247.5 million in federal funding, untouched thus far due to the ongoing consultation issues. The project is meant to prevent devastating flooding, as climate change increases the occurrence of natural disasters.

dylan.robertson@freepress.mb.ca