Kashechewan flood risk: preventative evacuation goes ahead

The Kashechewan First Nation is already planning to fly people out because it's concerned the dike that protects the community from spring flooding won't hold.

Thedike that separatesthe low-lying community on the James Bay Coast from the large Albany Riverwas built in 1995.An engineering report commissioned by the First Nationsaid it is failing.

• Kashechewan spring flood risk 'intolerable,' report says

The KashechewanFirst Nation commissioned the report after spring flooding last year that forced a fullevacuationand severely damaged 36 homes.

The band estimatedrepairs to the dike wouldcost between $4 million and $12 million, but it saidthe federal government only offered $1.2 million in assistance.

'Money will come and go, but lives don't'

With the spring breakup on the Albany River only weeks away, there is no longer time for repairs and the only option is to move the nearly 2,000 people inKashechewan outbefore the water and ice rises,Chief Derek Stephen said.

"I will evacuate my community for the health and safety of my children.Money will come and go, but lives don't," Stephen said.

The office of the Minister of Aboriginal Affairs issued a statement in response. Itsaid it has been working with the First Nation "tomitigate the risk of flooding and ensure the safety of the community members."

It noted the Minister met with Chief Stephen and the band council to deal with flooding issues and a working group was created to address immediate and long term solutions.

"Further, we have made a proposal to the First Nation includingfunding to upgrade the dyke in advance of the upcoming flood season, but the band has refused.We encourage the band council to get on board and work with us
so that we can agree on the best way forward and ensure the safety of all community members," the statement said.

Liability concerns

The First Nation has also retained legal council because it is concernedaboutliability around the risk of floodingand its obligation to protect its citizens.

A letter between the firm and the Department of Aboriginal Affairs states that the Kashechewan First Nation's chief and council feel they have no option but to order a preventative general evacuation of the community because the flood risk has not been mitigated.

"The community is very concerned that the government is going to blame them for the liability, and yet it is the government that makes the decision on spending monies," said Charlie Angus, the MP for Timmins-James Bay.

"In a situation with a municipality, there are clear legal obligations to maintain infrastructure," he said.

"This community is under the Indian Act. They don't have the power to change the situation in their community without the expressed consent of the federal government to supply those funds."

The letter between the First Nation's lawyer and the department of Aboriginal Affairs indicates the federal government will only pay for an evacuation if it agrees the measure is necessary, potentially leavingKashechewan on the hook for millions of dollars in costs.

"If the government chooses not to support us in our evacuation, then we are willing to step up and absorb that cost and then we can deal with that issue later onwhether it be with the government or through a legal process," Stephen said.

The rivers on the James Bay Coast typically start to break up around the end of April or early May.