Peguis First Nation sues Canada, Manitoba, RMs for $1B over inaction on repeated floods

Manitoba’s largest First Nation is suing the federal and provincial governments and two rural municipalities for $1 billion in damages after repeated severe floods displaced residents and caused “widespread” damage.

Chief Stan Bird said Peguis First Nation was left with no choice but to pursue court action after failing to get adequate permanent flood protection despite discussions with senior levels of government.

“We’ve come to the table in good faith. We’ve yet to see any results of those meetings,” Bird told the Free Press. “We’re tired of that. How do you put a dollar amount to human suffering? Because that’s what has been happening to our people.”

The statement of claim, filed Tuesday in Manitoba’s Court of King’s Bench, names Canada’s attorney general, the Manitoba government and the rural municipalities of Bifrost-Riverton and Fisher as defendants.

The RMs are located upstream from Peguis, about 200 kilometres north of Winnipeg in the Interlake, on the Fisher River.

Peguis is seeking a mandatory injunction requiring Canada to immediately build or provide immediate funds for the plaintiff to build adequate permanent flood protection.

The First Nation is accusing the governments of protecting the upstream interests of other communities at the expense of Peguis and its roughly 11,700 members.

It claims Ottawa and Manitoba breached treaty obligations by, in part, failing to protect reserve lands from disasters, and supporting land clearing and drainage work that led to flooding.

Peguis was forced by Canada to surrender its former reserve land and move to its current location in 1907, the lawsuit notes.

“How do you put a dollar amount to human suffering? Because that’s what has been happening to our people.”–Chief Stan Bird

Flooding has become more common and intense in Peguis, the lawsuit says, claiming peaks have risen by about 30 per cent after forested land was converted to farmland and wetlands were drained between 1966 and 2021.

Since 2000, the community has averaged one flood every two years, resulting in evacuations and significant damage, the lawsuit says.

According to Peguis, about 550 members are still displaced following a record flood in 2022. A further 235 people have been displaced since floods in 2014 and 2017.

“It’s getting progressively worse,” said Bird.

This spring, sandbag dikes or inflatable dams have been erected to protect a few houses, he said.

Frequent flooding, disruption of lives and property damage has created uncertainty, instability, anger and frustration in Peguis, said Bird.

The estimated cost alone of repairing, replacing or moving about 500 homes affected by the 2022 flood is more than $275 million, according to Peguis.

“(Peguis) is still dealing with repatriation attempts but has inadequate resources and funding to provide these evacuees with homes to which they can return,” the lawsuit says.

“To date, Peguis has had to invest millions of dollars in resources to facilitate and organize housing off reserve and the return of its members to the reserve land, for which (Peguis) has received substantially inadequate funding.”

The costs of repairing infrastructure and building permanent flood protection is still being assessed.

Peguis is seeking compensation for all financial losses incurred in the 2022 flood and expenditures for flood protection and repairs.

“What this is about is taking control of our lives. We’ve depended on governments to act in good faith… and nothing has been done.”–Chief Stan Bird

The First Nation is seeking damages for its loss of “use and enjoyment” of reserve land, alleging government negligence related to the 2022 flood “made living conditions on the reserve land intolerable and… led to a wholesale evacuation.”

Peguis is seeking a declaration that Manitoba breached its treaty obligations to the First Nation “through its actions and inactions,” by impairing or defeating the First Nation’s use of its land.

The statement of claim alleges the two defendant rural municipalities “approved and permitted” or failed to prevent the development of projects that drained wetlands to improve agricultural land, while exposing Peguis to increased waterflows and flooding.

“Fisher and Bifrost… at all material times, were aware of the negative impact that the increased drainage and loss of forest lands and wetlands had in the increase in flooding in the watershed, and in particular to the reserve land,” the statement of claim alleges.

In 2022, the federal Liberal and provincial Tory governments and Peguis set up a working group to address flood protection and recovery. There have been no solutions, said Bird.

He said the community’s grievances and concerns are not being taken seriously.

“We’re dealing with bureaucracy,” he said. “I often feel we don’t matter. We’re often shoved to the side.”

Bird said he hopes the lawsuit will bring a “meaningful” solution.

“We cannot wait. Every year we’re going back and fixing the problems,” he said. “What this is about is taking control of our lives. We’ve depended on governments to act in good faith… and nothing has been done.”

The allegations have not been proven in court. None of the defendants has filed a statement of defence.

The federal government issued a statement late Wednesday.

“(Indigenous Services Canada) has been supporting Peguis First Nation throughout flooding events and continues to support evacuees that have been affected by these events,” department spokesperson Carolane Gratton wrote.

“Indigenous Services will continue supporting Peguis First Nation and its members with mitigation, repatriation, rebuilding, and recovery.”

Premier Wab Kinew declined to comment.

“We don’t talk about matters before the courts,” he said at an unrelated news conference.

Fisher Reeve Shannon Pyziak said the matter was referred to the RM’s insurer. The municipality declined further comment.

Bifrost-Riverton Reeve Brian Johnson said he was unable to comment, because he hasn’t seen the statement of claim.

— With files from Nicole Buffie

chris.kitching@freepress.mb.ca

dean.pritchard@freepress.mb.ca