Manitoba First Nations seek billions in damages over Winnipeg sewage spill

Eight Manitoba First Na‐ tions have filed a lawsuit against the City of Win‐ nipeg, as well as the provincial and federal gov‐ ernments, seeking billions of dollars in compensation for a massive sewage spill earlier this year.

A pipe in south Winnipeg burst on Feb. 7, spilling more than 200 million litres of un‐ treated sewage into the Red River before the leak was stopped weeks later. It was the second-largest spill in

Winnipeg's history.

The eight First Nations Brokenhead, Black River, Poplar River, Kinonjeoshte‐ gon, Berens River, Hollow Water, Misipawistik and Sag‐ keeng - filed a statement of claim in Manitoba Court of King's Bench Tuesday, accus‐ ing the city of dumping raw sewage into the waterways for decades.

They're seeking $500 mil‐ lion each for breaches of their Charter rights, as well as $100 million each in puni‐ tive damages, for a total $4.8 billion.

The lawsuit accuses the city, province and feds of fail‐ ing to maintain the waste‐ water management system, "implement or enforce ade‐ quate regulatory mechanis‐ ms," warn the First Nations about the spill, or remedy the discharges.

The plaintiff First Nations all have communities down‐ stream of Winnipeg, meaning anything released into the river in the city flows into those communities, the law‐ suit says.

"We've been watching the steady decline and the health of Lake Winnipeg," said Bro‐ kenhead Ojibway Nation Chief Gordon Bluesky at a news conference Wednesday.

"We need to hold these governments to account and say we need to start having action towards protecting her … for our future."

The suit alleges pollution of the rivers and lake "have caused physical, psychologi‐ cal, social and cultural har‐ ms" to their members.

"We fished in our commu‐ nity. It's a daily meal for a number of our membership," said Kinonjeoshtegon First Nation Chief Tony Travers.

"We're concerned what we're actually putting into our bodies now."

Billions in sewage up‐ grades

The lawsuit says in addition to the February spill, there has been "continuous dis‐ charge of both treated and untreated wastewater" by the city into both the Red and Assiniboine rivers.

The city regularly releases untreated sewage into the waterways through com‐ bined sewers, which allow di‐ luted raw sewage to flow into the rivers during heavy rain storms.

Nutrients from the sewage and other sources have been linked to large tox‐ ic algae blooms on Lake Win‐ nipeg, which suck oxygen out of the water and threaten the ecosystem.

In 2003, the Manitoba government ordered the city to make billions of dollars in upgrades to its sewage treat‐ ment plants and replace the combined sewers.

That work was meant to reduce the city's contribution to the nutrient load in Lake

Winnipeg.

Upgrades to the city's South End sewage plant are nearly complete, 12 years af‐ ter the original target date, at a cost of nearly $376 million.

Work on the first stage of the North End sewage plant upgrades is nearly complete.

Costs on the second phase have grown by $482 million, and there is no mon‐ ey committed for the third and final phase. The total cost of the project is now es‐ timated at $2.3 billion.

Work to replace the com‐ bined sewer system is ex‐ pected to cost another $2 bil‐ lion.

The Clean Environment Commission, an arm's-length provincial agency, has or‐ dered the city, province and federal government to share the costs equally, but the city has long argued it does not have the financial resources to pay the escalating price.

The First Nations leaders say the work should have been done years ago.

"I also have responsibility for municipal wastewater treatment," Misipawistik Cree Nation Chief Heidi Cook said

Wednesday.

"When the [federal gov‐ ernment] is telling me that the water coming out of my lagoon is cleaner than the water in Lake Winnipeg, that's a problem."

A spokesperson for Win‐ nipeg Mayor Scott Gillingham referred questions about the lawsuit to chief administra‐ tive officer Michael Jack.

In an email, communica‐ tions director Felicia Wiltshire said the city has received the statement of claim and is "working to determine next steps."

Manitoba Environment Minister Tracy Schmidt wouldn't comment on the lawsuit, but said the province is committed to protecting Lake Winnipeg.

"And we'll also soon be in‐ troducing legislation to strengthen the environment act to be able to better re‐ spond to these sort of situa‐ tions."

CBC has also requested comment from the federal government.

No statements of defence have been filed. No court date has been set.