Current Problems

Treaties and Land Claims

Flood compensation after 134 years

January 16, 2022

CBC – More than a decade after they began, negotiations on flood claim settlements between several First Nations in southeastern Manitoba and northwestern Ontario and the federal and provincial governments appear to be drawing to a close. But some are wondering what those settlements will mean for the First Nations affected — and why it’s taken so long to address flooding caused by dams that were built over a century ago.
Negotiations for the claim settlements began in 2009 between the governments of Canada and Ontario and 13 Treaty 3 First Nations near Lake of the Woods, Shoal Lake and the Winnipeg River. One claim has already been settled (with Rainy River First Nations) and eight more are nearing their final stages, according to the province of Ontario.

The First Nation communities say the Rollerway dam, built in 1887, and the Norman dam, built in 1895 near Kenora, flooded their reserve lands without their consent or compensation.
According to the province of Ontario, the First Nations brought the flooding to the attention of the government of Canada as early as 1887, but no compensation was paid for the damage at that time, and no agreements were put in place to pursue ongoing flooding of the reserve lands.

A provincial website that gives an overview of the Lake of the Woods flooding claims says settlements will include financial compensation for past losses and damages due to flooding of reserve lands as well as an arrangement to address their continued flooding.

Permanent inundation of the First Nations’ shorelines created islands within the reserves where none existed before the dams, according to a fact sheet on the province of Ontario’s website.
In a 1995 paper, researchers with Grand Council Treaty 3 argued that late 19th-century flooding of reserve lands played a major role in the destruction of resources, such as wild rice and fish, for traditional Anishinaabe economies.

The paper includes a quote by a Canadian official from 1868, who reported that the 19th-century Anishinaabeg had “a sort of government … [and] are sufficiently organized, numerous and warlike, to be dangerous,” crediting this to an “abundance of food.”

Settlements to provide compensation for those harms may soon become a reality. Proposed settlements with eight of the 12 remaining First Nations with outstanding claims were expected to be ready for approval in 2021, a province of Ontario website says.

The province says it is currently participating in public engagement on settlements with Animakee Wa Zhing 37, Big Grassy River, Naotkamegwanning, Niisaachewan Anishinaabe Nation, Northwest Angle 33, Ojibways of Onigaming, Washagamis Bay and Wauzhushk Onigum Nation.

Four other affected First Nations — Anishinaabeg of Naongashiing, Buffalo Point, Iskatewizaagegan 39 and Shoal Lake 40 — will be part of a future public engagement, the province says.