A Manitoba First Nation that has suffered chronic flooding is suing three levels of government for failing to provide adequate protection for decades.
Peguis First Nation filed a statement of claim Wednesday alleging the federal and Manitoba governments failed to protect the community from frequent flooding that damaged homes and forced evacuations.
“Throughout its history on reserve land, Peguis has been repeatedly and severely flooded due to natural and man-made causes without plaintiff receiving any meaningful protection, remediation, or compensation,” the document says.
The lawsuit also alleges that two nearby municipalities diverted water from their areas to improve drainage, but in a way that contributed to flooding on reservation land.
The lawsuit contains allegations that have not been proven in court and the defendants have not yet filed their defense briefs.
Manitoba Premier Wab Kinew said Wednesday he would not comment on a matter before the courts.
The federal government said it has worked with Peguis on an ongoing basis, including a memorandum signed last year to formalize long-term flood protection and recovery.
“In addition, from May 2022 to March 2023, (Indigenous Services Canada) provided approximately $18 million to Peguis First Nation for flood response and recovery, including advance payments made to alleviate the cash flow burden of the First Nation and to support preparation for the 2023 floods. “, reads a statement from the department.
The lawsuit seeks $1 billion in damages, although it does not set out a detailed list of costs.
Manitoba First Nation sues governments over chronic #flooding and wants protection. #MBPoli #PeguisFirstNation #FloodLawsuit
The Peguis First Nation was originally in another part of Manitoba, on fertile agricultural land. It was moved more than a century ago to the swampy delta of the Fisher River, 200 kilometers north of Winnipeg.
The federal government admitted in 1998 that the land transfer that sparked the move was illegal. The two parties reached an agreement 11 years later.
Floods have become more severe and frequent in recent decades. The lawsuit alleges that the flooding was caused in part by government decisions to drain areas upstream and convert forests and wetlands to agricultural land.
There have been more than 10 floods since 1999, often resulting in evacuations of much of the community and damage to homes and water systems, the lawsuit says.
Community chief Stan Bird said talks with the federal and provincial governments about improvements to flood protection haven’t gotten very far.
“We get called to the table again and again, but nothing ever comes of it. All we do is talk,” Bird said in an interview.
The most recent major flood occurred in 2022. It forced more than 2,000 residents to flee and left hundreds of homes damaged or in need of replacement. About 500 residents still cannot return, according to the lawsuit.
“They are homesick and psychologically and physically damaged by all of this,” said Brian Meronek, one of the lawyers representing the First Nation.
The federal government has provided help to protect some of the most vulnerable homes from flooding and has shared the costs of a study with Manitoba on flood prevention.
Experts have discussed options, including a large dam upstream or a circular levee that could act as a wall around the growing community.
This report by The Canadian Press was first published April 24, 2024.