FINE PRINT

"Keep out," reads the bobbing marker at the Shoal Lake intake area Top right: Tour guide Carl explains some of the history between Winnipeg, Shoal Lake 39, and its neighbours over the roar of his motor boat. Bottom Ìight: The community's official name is lskatewizaagegan #39 lndependent First Nation.

Drinking Water Dispute Shoal Lake 39 andWinnipeg battle over shared resources. ByKERRvFREEK

WHEN I vtslTED Chief Eli Mandamin near says. "The offers are taken away before trigger the duty to consult," says Julie Kenola, Ontalio last May, he was preparing they're developed. It's been going on for Aboucha¡, a partner at Willms & Shier an affidavit in response to the City of years. This community cant just stand by Environmental Lawyers LLP in Toronto. Winnipeg's move to expand water serwices anymore. We have to build an economy "While duty cannot be delegated, to nearby communities. "I'm hoping the for the future." procedural aspects-that is, the doing affidavit will sway them," he told me. of the consultation-can be delegated. Why the concern for a city that falls The duty to consult Procedural aspects can expand to within Manitoba's borders? For a century, Things have changed since 1914. Based determining how to mitigate the impacts Winnipeg has drawn its drinking water from on the decisions made in three cases- lof the project], but there is still some an aqueduct in Ontariot Shoal Lake. The Haida Nation v. British Columbia (2004), question as to whether the Crown can lake is home to two First Nations, including Taku River Tlingit First Nation v. British delegate accommodation. It's tricky." Mandamin's communiry Iskatewizaagegan Columbia (2005), and Mikiseu¡ Cree First What is the essence of the duty that 39 Independent First Nation (also known Nation v. Canada (2005)-Ihe Supreme the decision maker can't delegate? as Shoal Lake 39). Mandamin says his Coul1 of Canada has community has never provided its consent developed a legal duty for Winnipeg to take water from its lands. to consult. According "We built that city with our water. " The arrangement dates back to 1914, when to Dwight Newman, an International Joint Commission (IJC) author of The Duty Chief Eli Mandamin order provided perrnission. to Consult: New - Negotiations, or lack thereof, have Relationships with negatively impacted Iskatewizaagegan, Aboriginal Peoples, this doctrine says Abouchar says this area of law is evolving he says. To maintain lake levels, they that governments making decisions that very quickly, but it still comes back to had to build a connection to the nearby may have an impact on Aboriginal rights the Crown to consider whether the Lake of the Woods. The aqueduct may or treaty rights have a duty to consult consultation was adequate and done be associated with the loss of fishing the potentialÌy affected Aboriginal meaningfully. and wild rice resources, and Mandamin communities even prior to final proof of Cathy Guirguis of Olthuis, Kleer, claims that development is made the rights in courl or final settlement on Townshend LLP is representing ShoaÌ difficult due to the area's designation, the rights in negotiation processes. Lake 39. She says the IJC order isnt the which protects the quality of Shoal "Courts have said that Crown onÌy factor in deciding whether or not Lake's water. "We get discouraged," he conduct of municipalities does not Winnipeg is alìowed to service other

WATE,RCÀN ADA NET FINE PRINT cor-rlmunities. "We point to provisions in thc Winnipeg Charler that gives the City its authority to act. That charter states that Winnipeg has the responsibility to ¡'rlovicle water to its residents, but that it rnrrst gain approvals. You need to satisfu gotten approvals. None lhnt vou've those NEED SUSTAINABLE SOLUTIONS? ol'tltc a¡rplovals Winnipeg has, including thc l.lC older; gives the City jurisdiction JUST ASK GOIDER. to ¡rrrrviclc water fto communities outside of'thc cityl. Our legal application also sets orrt tllat any decision about water foom From water, waste, and energy management to urbanization, heritage, and ecological Slroll l-akc lriggers the duty to consult restoration, Golder Associates delivers integrated solutions to meet your needs. We work irrrrl tcconl¡n<.rdate Shoal Lake 39. If that with you to uncover opportunities for creating sustainable, livable, resilient commun¡ties. For corrsl ilut ional lequirement isnt satisfied, over 50 years, Golder professionals have helped public and private sector clients around the tlrc clccision c¿rn't stand," she says. globe achieve their sustatnable development goals. 'l'lrc irrvolved parties have what is to discover how we can embed sustainable development principles and bc¡.lirrrring to look like an answer. Shoal Contact Golder l,irlie 39 lilcd a legal petition to the practices into your projects. Mirrritoba Cor-rrt o[ Oueen's Bench in Engineering Earth's Development, Preserving Earth's lntegrity. Murch 2012. More recently, the City of Wirrrri¡rcg askcd the IJC for an expedited clccisiorr r¡n tlrc dos and don'ts of the 1914 orclcr: Slrr¡al Lakc 39 sent its ovun position t<¡ thc IJC as wcll. This April, the IJC rr¿rclc ¿r luling that says extending the Citv ol'Winrri¡:cg'.s water services outside of llrc n.rur.ricipal limits would be non- corl¡rliarrt with the 1914 order. WCWC l,ålf*11",""..,. Ruling or no rul¡ng hasftqoltheG*nmrof (hrâtio ,:r-'--- 'l'lrc rrrling, hor,vcver, does not stop the de,.eau Qily ol Winnipeg from exploring other cwAE ;:$i,"1":"i"ì:::*:1, Un rynift d! g@mßt d€ l'hlado o¡rliorrs. Accor-cling to the Winnipeg fìt'(Ìc l)t'Lrss, Mayol Sam Katz might Walkerlon Clean Water Centre rcvelt to a 2009 plan to expand its l;olrlcrs, nnncxing palt of the Regional Provincewide Traininq

M rr rricipal i ty of Rosser. Why llrc rrrsh, ancl why Rosser? Winni¡-rcg hopes to provide water sclviccs fol CentrePort Canada, an inlancl "¡rolt" that offers 20,000 acres of inclt¡strial land and access to tri-modal traìlspolt¿ìtion. Named one of North Arnclicais top strategic infrastructure proiccts in 2011 and 2010, CentrePort spills into Rosser. While he wants to protect ShoaÌ Lake's natural resource, Mandamin says he's not against development. His rnain goal is bringing a viable economy nd training: wcwc.calregistration to his community. "Wc buiÌt that city with our wateq," he says, relerring to Winnipeg. "We're not lool

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