Black River First Nation sues Hydro, governments

Black River First Nation has filed a pair of lawsuits asserting its rights have been violated in hydroelectric and resource projects on its traditional lands and waters.

The First Nation, situated on the east shore of Lake Winnipeg, filed the two statements of claim in the Court of King’s Bench earlier this month.

One of the lawsuits names Manitoba Hydro and the federal and provincial governments as defendants.

The lawsuit accuses the public utility of poorly managing the water levels of Lake Winnipeg — via dams and power plants on the Nelson River and Hydro’s Lake Winnipeg regulation project — for its own economic gains, in a manner that harms Black River.

The court papers argue Black River has suffered economic losses and damages from the loss of cultural activities, traditional way of life and economic activities derived from use of the land and waterways, particularly around the O’Hanly and Black rivers and Lake Winnipeg, as a result.

The lawsuit alleges the three defendants have breached duties owed to the First Nation and failed to consult with it, despite Hydro’s activities allegedly causing serious harm to Black River’s way of life.

The First Nation alleges it has lost access to land due to shoreline erosion, to harvesting sites, to ceremonial sites, to the ability to fish and trap, to cultural practices and lost economic growth as a result of Hydro’s activities.

The lawsuit is seeking compensation and reimbursement for costs Black River is alleged to have incurred as a result of Hydro regulating water levels.

It seeks court orders requiring Hydro to pay Black River a royalty or transit fee as compensation and for all the defendants to consult with it, among others.

The second lawsuit, which names the federal and provincial governments as defendants, claims Black River have Aboriginal title to subsurface rights to its traditional lands, but that the defendants have filed to preserve its rights in trust.

The court filing alleges the defendants have breached their duties to Black River and have allowed the First Nation to suffer economic damages from the loss of use of the land.

The lawsuit alleges Treaty 5, which Black River signed, indicates all signatories did not surrender Aboriginal title rights to the land’s subsurface.

The court papers accuse the governments of infringing on title rights by allowing resource extraction without compensation to Black River, among other claims.

The defendants have not replied to either of the lawsuits in court.

Black River First Nation is located about 138 kilometres northeast of Winnipeg.

erik.pindera@freepress.mb.ca