Pallister defies court injunction – First Nations file contempt of court application

Press Release

What: On Thursday, August 20, 2020, Justice Lanchbery of the Manitoba Court of Queen’s Bench issued an injunction against the Government of Manitoba halting work on an access road and other activites related to the proposed Outlet Channels Project. The successful injunction was filed by the Interlake Reserves Tribal Council (IRTC), Lake Manitoba First Nation, Little Saskatchewan First Nation, Dauphin River First Nation, and Kinonjeoshtegon First Nation.

On August 24, 2020, in clear defiance of the Judge’s order, and contrary to the Environment Act Licence for the road, the Government of Manitoba brazenly continued construction of the access road. Lawyers for the First Nations and the IRTC are filing an urgent application with the Court demanding that the Government of Manitoba be held in contempt of court and issued a large fine for defying the injunction.

“We demand that the Province and it’s contractors stop work immediately on the Idlewild access road and follow the Court’s direction. Premier and Minister Schuler are not above the law. They cannot pave over our peoples’ rights anymore and the Court told them so. We will not be beaten down by the Province’s tactics and we will use all legal means to stop these bullies in their tracks. “Interlake Reserves Tribal Council, Chairman and Chief Cornell Mclean of Lake Manitoba First Nation shared.

For more information contact:

Karl Zadnik, B. Comm (Hons); PM Cert.
Chief Executive Officer
Interlake Reserves Tribal Council
Email: karlzadnik@irtc.ca
Phone: 204-956-7413

Background

In the spring of 2020, after trying to find a way to work with the Province to no avail, the Interlake Reserves Tribal Council (IRTC) and four of its member First Nations – Lake Manitoba First Nation, Little Saskatchewan First Nation, Dauphin River First Nation and Kinonjeoshtegon First Nation – filed a lawsuit against the Government of Manitoba seeking an injunction to stop construction work on the Lake Manitoba-Lake St. Martin Outlet Channels Project and a related access road unless and until the federal and provincial environmental assessments are done and the Channels Project is approved. The lawsuit calls on the Manitoba stop any further clearing on public land and continued work on an access road in relation to the Channels Project until the Project is legally sanctioned and until the Plaintiff First Nations have consulted and their rights accommodated.

On August 20, 2020, the Manitoba Court of Queen’s Bench granted the Plaintiffs’ motion for an interlocutory injunction. The interlocutory injunction ordered Manitoba to halt work on an access road and refrain from carrying other work on Crown land in furtherance of the Channels Project. The injunction will remain in place until the underlying lawsuit against the province is decided.

On August 20 the Court also rejected Manitoba’s motion to strike the First Nations’ claim.

This lawsuit arises from the continual flouting of environmental laws by the Government of Manitoba and the Province’s total disregard and disrespect Treaty and Aboriginal rights. Before the Channels Project has even been approved or gone through the environmental assessment process, the Government of Manitoba authorized the clearing of pristine public land along the proposed right-of way for the Lake St. Martin Channel. Manitoba also barreled ahead on the construction of a 20 km all season access road for Channel’s Project in the face of legal challenges from several First Nations. To carry out this work before the Channel’s Project is approved makes a mockery of the environmental assessment process and the Crown’s Constitutional duty to consult Indigenous communities. The information obtained through the assessment processes and consultation will inform the development measures to lessen or avoid impacts arising from the Channels Project on the environment, as well as on Treaty and Aboriginal rights. These avoidance and mitigation measures inform the details and conditions included in any Project authorization, including matters related to, routing, clearing, construction and timing of activities necessary to carry out the Project.

On August 24, 2020 – four days following the issuance of the injunction – the Government of Manitoba and its contractors have brazenly continued to construct the access road, in clear violation of the court’s direction.

Photos of this work on the access road will be shared at the press conference.

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