Current Problems

Treaties and Land Claims

Lac Seul First Nation

October 28, 2020

Assembly of Manitoba Chiefs (AMC) – Supreme Court of Canada grants intervener status to AMC, along with many others, in the Southwind case. Lac Seul Band launched the suit against the Federal Government for breaching their fiduciary duty when they flooded reserve land to advance a hydro-electric project. This project would see massive profits for the government, while leaving the First Nation of Lac Seul destitute and without reparations or adequate compensation for the devastation of their land and lost opportunity. Lac Seul, however, subsequently appealed the Federal Court of Appeal decision stating that the compensation amount should have been calculated based on both significant cultural loss and on the use of the flooded land for hydro profits, meaning that the ordered amount did not accurately reflect the loss suffered.

“The Federal Government owes all First Nations a fiduciary duty which is a long standing obligation to act in the best interests of First Nations. Clearly, profiting on the backs of First Nations to their detriment is not honouring the fiduciary obligation and Lac Seul should be compensated to fullest extent considering any and all losses suffered by the Nation,” said AMC Grand Chief Arlen Dumas.

Grand Chief Dumas concluded, “This appeal marks a significant opportunity for Supreme Court to provide clarity on how, in light of the unique Crown-First Nations relationship, equitable compensation can best be assessed when the Federal Government has breached its treaty obligations or fiduciary duty to a First Nation.”