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No Delegation, No Inadequacy = No Injunction – TDS

by pmnationtalk on July 22, 2015400 Views

July 21, 2015

Who must consult with First Nations in connection with a development project?  According to the Manitoba Courts, not a Crown Corporation.

On March 2, 2015, the Manitoba Court of Queen’s Bench issued its reasons for decision denying an injunction application made by Sapotaweyak Cree Nation against Manitoba Hydro and the Government of Manitoba in relation to tree clearing to facilitate the construction of a northern high-voltage transmission line.

Manitoba Hydro’s 500 kV HV DC transmission line corridor, consists, in part of an 11.2 km² tract of Crown land and approximately 2 km² of privately owned land that passes through what Sapotaweyak maintains are its traditional lands.  None of the land is Reserve land, nor is any of the land subject to Treaty Land Entitlement selection.

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