First Nation sues Manitoba government, seeks to halt logging on traditional lands

A First Nation in western Manitoba has filed a lawsuit against the provincialgovernment, claiming the provincebreached its constitutional duty to consult them aboutcommercial logging operations in their traditional lands aroundDuck Mountain.

"The days of simply taking wealth from our mountainwhile our people cannot even get food for their families from our traditional lands are over," Pine Creek Chief Derek Nepinak said in a Tuesday release from the First Nation.

Members of Pine Creek a First Nation on the southwestern side of Lake Winnipegosis, east of Duck Mountain Provincial Park have relied on those lands for generationsfor hunting, trapping, fishing, gathering berries and medicines and growing gardens, the release says.

The First Nation has also traditionally used that land toshare knowledge with their children and for spiritual purposes such as prayers, ceremonies and offerings, it says.

Treaty No. 4acknowledges the right of Pine Creek members to continue to exercisetheir rights to sustain their culture and way of life and to protect those lands and waters, the First Nation's release says.

Land, water 'under persistent pressure'

However, for more than a quarter century, those lands and waters have been "under persistent pressure" as a result of commercial timber harvesting and other industrial and recreational activity, according tocourt documents filed Tuesday in Court of Queen's Bench.

Thecumulative impacts of those activities have significantly diminished Pine Creek members' ability to exercise their rights and engage in traditional and spiritual practices, the court filings say.

Pine Creek First Nation, also known asMinegoziibe Anishinabe, is located just over 100 kilometres north of Dauphin. Nepinak and his council filed the lawsuit on behalf of 4,000 Anishinaabeg members.

Duck Mountain is the only provincial park in Manitoba where the government allows commercial timber cutting to continueand one of only two provincial parks in Canada that allows commercial logging, according to the First Nation's release.

The lawsuit also names as a respondent Montreal-basedLouisiana-Pacific Canada Ltd., which holds the logging licence for the area.

AlthoughLouisiana-Pacific's original agreement with Manitoba expiredDec. 31, 2014, the provinceissued two extensions, which ultimately endedDec.31, 2021, the court documents say.

Manitoba is constitutionally obligated to consult Pine Creek First Nationbefore each new licence extension is issued, the documents say.That did not happen, even thoughthe minister of agriculture and resource development was aware of concerns regarding the effects of the ongoing activities, the First Nation alleges.

Moose populations in Duck Mountain have declined sharply since the onset of commercial timber cutting with significant moose hunting bans being implemented, the documents say.

'Pattern of disregard'

A few days after the last agreement expired, an order in councila record of a decision made by the provincial government's cabinet authorized then agriculture minister Ralph Eichlertoissuea third unilateral extension toLouisiana-Pacific.

That licence permits the cutting and removal of over 350,000 cubic metres of hardwood (deciduous trees) this year alone, the lawsuit says, with the vast majority of itcoming from Duck Mountain.

That "is more than 40 football fields of wood with the wood piled one-metre high," the lawsuit says.

It also alleges that for 16 years, Manitoba hasallowedLouisiana-Pacific to operate without an approved long-term forest management plan and without addressing Pine Creek First Nation's concerns regarding the effect.

"Manitoba has engaged in a pattern of disregard for PCFN and PCFN rights in favour of the commercial interests of Louisiana-Pacific," the lawsuit says.

The suit seeks toquashor setaside the extension of the licence agreement and haltLouisiana-Pacific's operations relating to the current licence.

It also asks for adeclaration that the Crown and province owea duty to consult and accommodate Pine Creekprior to issuing future licencesin the area.

In an email to CBC News, a spokesperson said the province cannot currently comment on the case as it is before the courts.

Louisiana-Pacific said in a statement emailed to CBC News that it is aware of the legal action.

"Although we cannot comment on the lawsuit, LP remains committed to engaging with Indigenous Nations, including Pine Creek, regarding our sustainable forest management operations in Manitoba," the statement said.

A hearing date for the lawsuit has been set forFeb.8atCourt of Queen's Bench in Winnipeg.