Flooding Claim Litigation Update

  • Posted on: 12 September 2016
  • By: alfredfavel

Flooding Claim Litigation Update


Boozhoo Members:

We are writing to provide you with an update regarding the litigation of our First Nation’s flooding claim in Federal Court.  The trial will begin at the East Courtroom at the Supreme Court of Canada building in Ottawa on Monday, September 12th. The presiding judge is the Honourable Justice Russell Zinn.


Every attempt has been made to negotiate a reasonable settlement of the claim in order to avoid this legal battle. Mediation has taken place on several occasions, most recently on September 8, 2016.


However, the offers made by the three Crown governments, Canada, Ontario and Manitoba have been going up since January, but still fall well below the expectations of the First Nation.  We wish to clarify to members that before any settlement can be agreed to, the members have to vote on the proposed settlement offer first.  The Chief and Council are not recommending any settlement offer for members to vote on at this time.  There may be further settlement negotiations as the trial proceeds, but none are planned at this time.  If it goes through the full trial, and the judge makes a judgment, we will have to accept that number.


The LSFN’s legal team has been preparing for years for this legal battle and is ready to proceed on Monday.  The trial is scheduled to continue until next July.  It is still our hope to continue settlement discussions during the trial.  The First Nation has been waiting since 1930 – for 86 years – for just and fair compensation to resolve our flooding grievance.


Please feel free to contact Chief and Council if you have any questions.


In Unity and Success,

Chief and Council of Lac Seul First Nation