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Hydro Facing $100-M Lawsuit Northern Band Claims Water Contaminated

 
Winnipeg Free Press
By Alexandra Paul
 
Winnipeg, January 23, 2001

 

 -THE Pimicikamak Cree Nation launched a $100 million lawsuit against ManitobaHydro yesterday that was timed to counter a $1.2 million lawsuit Hydro filed last week against the first nation over mounting electricity bills. The latest legal action raises the ante in the litigious relations between Pimicikamak, formerly known as Cross Lake, and the Crown utility that built the Nelson River hydroelectric dam.

The hydroelectric development has been soundly criticized in government studies for destroying the northern Cree traditional way of life. Eight people have committed suicide and another 200 have tried to take their lives in the last two years, Tommy Monias, secretary to the four councils of the Pimicikamak's traditional government, said as an illustration of the despair in the community.

Ecological catastrophe

This time the issue is safe drinking water, reporters were told at a Winnipeg news conference on the case. "In the words of the 1999 Inter-Church Inquiry into Northern Flooding, we live with an ecological catastrophe, with filthy, contaminated, unhealthy water in which our people have no faith," Monias said.

The community of about 5,500 draws drinking water from the Nelson River and its treatment plant uses double the normal amount of chlorine to clean it. Northerners believe there is a double standard at work after seeing the quick action that's taken when water quality is tainted in non-aboriginal communities.

The Pimicikamak claim asks the arbitrator to make an interim award on the electricity bills issue before considering the water quality complaint. The claim notes Pimicikamak set up a trust fund to collect hydro bill payments after residents and businesses refused to pay the bills in protest over failure of parts of the Northern Flood Agreement. The agreement compensates northern bands adversely affected by hydroelectric projects.

Dispute

   

A total of $2 million has been collected in the trust fund held by the Pimicikamak First Nation, but that money had not been turned over to Manitoba Hydro when the utility filed its $1.2 million lawsuit. The claim notes that Pimicikamak believes the dispute over electricity bills is affecting its fiscal housing funds from Indian Affairs.

"Indian Affairs, has apparently at the request of (Hydro) withheld a ministerial guarantee for CLFN's housing program for 2000-2001, thereby halting construction of desperately needed houses."

Pimicikamak lawyer Colin Gillespie said that sending the hydro bill dispute to the arbitrator is intended to compel Hydro to accept the trust fund as payment and to get action on drinking-water quality.

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