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Métis threaten to sue Hydro over Bipole III

MMF says proper consultation lacking

By: Bruce Owen

Tuesday, Oct. 2, 2012 at 7:38 AM | Comments: 0

THE Manitoba Métis Federation, fresh off signing a historic deal with the province on hunting rights, is now threatening to take Manitoba Hydro to court over what they say is a failure to consult with them on the new Bipole III transmission line.

"They've been straying away from dealing with this issue when it comes to consulting with our people," MMF president David Chartrand said Monday. "They are neglecting their responsibility and in my view, they are breaking the law. They have to be held accountable."

Chartrand said MMF lawyers are now looking at legal action to get the MMF heard not only on Bipole, but also the proposed Keeyask and Conawapa generating stations.

The threat of legal action came on the first day of the Manitoba Clean Environment Commission's eight-week environmental hearing into Hydro's Bipole III project. The hearings continue in Winnipeg for the rest of the week and move to Gillam next week.

Chartrand said MMF lawyers are currently discussing whether to file an injunction to halt the CEC hearing or launch some other action.

"It's going to happen if Hydro does not put the brakes on and say we're going to talk openly and honestly with you," he said, adding MMF members agreed during a meeting Saturday in Brandon to oppose the Hydro developments. At that same meeting, Premier Greg Selinger and Chartrand signed a deal extending harvesting rights to Métis people, a move directed by the Supreme Court.

Hydro lawyer Doug Bedford told the five-member CEC panel on Monday Hydro is well aware of criticism of the project.

He said Hydro will use the next eight weeks to tell Manitobans it's done its homework in planning and assessing the project, including with First Nations and the MMF.

"Inevitably, in those meetings we continue to hear from them concerns about their perceptions of how this will affect their lives," Bedford said.

Peguis First Nation Coun. Mike Sutherland said his community is also prepared to go to court. Sutherland told the panel Bipole III goes through Peguis's traditional lands and they want a piece of its revenue once it's in service in 2017.

"If they're going to be sending hydro down to the U.S., we want a share of it," he said in an interview. "If they don't consent, they aren't finishing the line."

Ebb and Flow First Nation said a year ago it also would consider going to court to block Bipole III. A spokesman could not be reached for comment.

Pine Creek First Nation Coun. Charles Bushie added fishing, hunting, trapping and the blueberry harvest for the community has been impacted by flooding caused by other hydro development, and Bipole III could reduce it further.

"We have great concerns about the herbicide used for Bipole III," Bushie told the panel. "It's going to wash down to where we live."

bruce.owen@freepress.mb.ca

Power line sparks demands

WHAT'S Bipole III and why is it so important to First Nations and Métis people?

It's a new 1,384-kilometre high-voltage transmission line connecting hydro dams from the Lower Nelson River to customers in southern Manitoba.

Its estimated cost is $3.28 billion for the line and two converter stations needed at either end.

First Nations and Métis people say the line and stations cut through their traditional land and Hydro has failed to consult with them about its impact on activities such as hunting and trapping.

Some say if Hydro is to reap millions in power export sales to the United States, they want a piece of the action.

Some are also considering going to court to block environmental hearings until these issues are addressed.

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