AMC responds to class action settlement for those affected by the intentional flooding of Lake Manitoba in 2011
January 18, 2022
Treaty One Territory, Manitoba
alexpapineau
Treaty One Territory, Manitoba – The Assembly of Manitoba Chiefs (AMC) issues this statement in response to the recently announced Class Action lawsuit settlement amount of $85.5 million for those affected by the Province of Manitoba’s (“Province”) intentional flooding of Lake Manitoba in 2011. On April 3, 2018, the Manitoba Court of Queen’s Bench certified the Class Action against the Province brought by DD West LLP in respect of the 2011 Lake Manitoba Flood.
DD West LLP, as class counsel, represented persons who owned property or carried on business within 30 kilometres of Lake Manitoba in 2011, excluding First Nation reserve lands.
AMC Grand Chief Arlen Dumas stated, “This settlement amount is a fair outcome for the damages cottage owners and others suffered as a result of the Province’s negligence and decision to flood Lake Manitoba as well as Lake St. Martin in 2011. The Province is still paying for its decision to divert flood waters through the Interlake, affecting not only the property owners along the shores of Lake Manitoba, but several First Nations as well, including the Lake Manitoba First Nation and the Lake St. Martin First Nation amongst others.”
On January 13, 2022, a court order approved the settlement agreement of $85.5 million for anyone who owned real or personal property, off the nearby First Nation’s reserve and within a 30 km radius of the lake that was damaged by the 2011. Those affected have until April 14, 2022 to file a claim.
“The impacts of the 2011 flood on First Nations such as Lake St. Martin, still continue to suffer to this day from the displacement and impacts of the government policy that allowed their reserve lands and ancestral territories to be flooded and allowed their citizens to languish in hotel rooms in Winnipeg and elsewhere for a decade where, tragically, many died and never had a chance to return home.”
“The Assembly notes that this media story cannot take away from the immeasurable harms in terms of loss of land, culture and infrastructure suffered by First Nations as a result of a lack of provincial planning and a lack of infrastructure that would have protected all Manitobans in 2011. Without any progress on the outlet channel projects and as we go into Spring season, the potential for more flooding in the Interlake still remains,” continued Grand Chief Dumas.
“Time is of the essence, and the Assembly asks that the province immediately engage with the affected First Nations to expedite the construction of the outlet channels to prevent and mitigate flood damage while protecting all Manitobans,” concluded Grand Chief Dumas.