Peguis declares state of emergency amid flood lawsuits

Manitoba’s largest First Nation has declared a state of emergency — days after suing the federal and provincial governments — while it grapples with long-term impacts of destructive and disruptive floods.

Peguis First Nation Chief Stan Bird said chronic overland flooding has exacerbated a mental and physical health crisis in the Interlake community.

“This declaration is driven by a severe crisis that affects not just our lands and homes, but the very spirit and mental well-being of our people,” he told a news conference Tuesday. “These floods have not only damaged our physical environment, but have deeply penetrated the mental health and social fabric of our community.

Peguis First Nation Chief Stan Bird (Mikaela MacKenzie / Free Press files)

Peguis First Nation Chief Stan Bird (Mikaela MacKenzie / Free Press files)

“The scars left by these waters are not visible only on buildings alone, but are evident in the eyes and hearts of our people.”

Peguis asked Ottawa and Manitoba for additional supports, while repeating a call for permanent flood protection to avert future disasters.

Major floods, including a record disaster in 2022, have displaced hundreds of residents and caused significant damage to homes and roads. Peguis has said flooding is becoming more common and intense.

Last week, the First Nation filed a statement of claim that 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, which is seeking $1 billion in damages.

A similar class-action lawsuit — by band members affected by floods since 2001 — was also filed in Manitoba’s Court of King’s Bench. It is seeking more than $250 million in damages.

Peguis’ lawsuit is seeking an injunction requiring Canada to immediately build or provide immediate funds for the community to build flood protection.

It claims Ottawa and Manitoba breached treaty or other obligations by failing to protect reserve lands from disasters, and supported land clearing and drainage work in the RMs that led to flooding.

The lawsuit alleges the RMs “approved and permitted” or failed to prevent the development of the drained wetlands to improve agricultural land, while exposing Peguis to flooding.

Peguis said about 550 residents are still displaced after the Fisher River inundated low-lying reserve land in the spring of 2022. An additional 235 members have been displaced since floods in 2014 and 2017.

The estimated cost of repairing, replacing or moving about 500 homes that flooded in 2022 is more than $275 million, according to the First Nation.

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

The costs of repairing infrastructure and building permanent flood protection is still being assessed, the First Nation’s council said.

Peguis said water peaks have risen by about 30 per cent since forested land was converted to farmland and wetlands were drained between 1966 and 2021.

The community now averages one flood every two years, the lawsuit said.

The allegations have not been proven in court. The defendants have not filed statements of defence in either case.

Premier Wab Kinew and Bifrost-Riverton Reeve Brian Johnson have said they cannot comment on active court proceedings.

Indigenous Services Canada has said it is supporting the community and evacuees.

Fisher Reeve Shannon Pyziak previously said matters were referred to the RM’s insurer.

chris.kitching@freepress.mb.ca

Chris Kitching

Chris Kitching
Reporter

As a general assignment reporter, Chris covers a little bit of everything for the Free Press.

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