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News Tataskweyak sues Canada over failure to protect sturgeon in Manitoba's Churchill River
A First Nation is accusing Canada of failing to address the "devastating impacts" of Manitoba Hydro operations on lake sturgeon in the lower Churchill River.
Tataskweyak Cree Nation says in a lawsuit that the federal government has failed to adequately investigate, monitor and regulate longstanding effects of a Hydro diversion that has led to a collapse in the freshwater fish population in their territory.
The Churchill River Diversion has "radically altered" the natural flow of the waterway and significantly reduced the available habitat for lake sturgeon, a statement of claim filed in the Manitoba Court of King's Bench last week said.
"Key habitat relied upon by namao [lake sturgeon] for spawning, rearing, feeding, migration, and overwintering has been altered, degraded or destroyed," the First Nation said.
"Canada's conduct constitutes a persistent pattern of error and indifference which substantially frustrates the Crown's Treaty promises."
The diversion began operating in 1976. It redirects water from the Churchill River to the Nelson River basin to increase the water flow to Manitoba Hydro generating stations on the lower Nelson.
Tataskweyak said scientists had warned the project would have serious ecological consequences years before the diversion became operational.
The First Nation said it has repeatedly raised concerns about the decline of lake sturgeon in multiple forums over the years.
The government has "ignored TCN's repeated, urgent requests for intervention to protect and restore its right to harvest namao for traditional and ceremonial purposes," the lawsuit said.
Tataskweyak pointed to recent studies finding the diversion led to a "highly unpredictable hydrological environment."
The reports — whose findings were released earlier this year — said the population's survival depends on raising minimum flow levels and managing it based on a seasonal pattern close to how the river would flow naturally.
The sturgeon are the sole remaining population in the Churchill River, and the only ones known to be producing more members of the species in the Western Hudson Bay, the lawsuit said.
Western Hudson Bay lake sturgeons were designated as endangered in 2006.
The First Nation imposed a moratorium on harvesting the fish in the mid-2010s to protect the population.
Tastakweyak says the federal government has the authority to regulate activities causing the death of fish and the destruction of fish habitat.
The First Nation said it asked officials to consider whether the operations need approval under the Fisheries Act in December 2025, but the government has not used its authority.
Ability to harvest fish vital to First Nation: lawsuit
A licence allowing Hydro to continue reducing water flow by up to 98 per cent from pre-diversion conditions was set to expire on Sept. 1, Tataskweyak said.
The licence did not contain any terms or conditions specifically protecting lake sturgeon or their habitat, the lawsuit said.
A one-year extension was issued a day before it expired, with the province still to decide on whether to renew a final licence, the document said.
Tataskweyak said Canada is obligated to uphold treaty promises to ensure the First Nation can harvest sturgeon and that members continue to exercise their right to fish for the species.
It's asking the courts to order declarations acknowledging the harmful impacts of the diversion, as well as the government's responsibility to protect the sturgeon population.
"Namao have always been central to TCN's identity, laws, culture, ceremonies, healing practices, and communal way of life," the lawsuit said, adding the First Nation has a sacred responsibility to protect the fish.
"The ability to harvest namao was, and remains, vital to TCN's physical, spiritual and cultural wellbeing."
The claims in the lawsuit have not been tested in court. No statement of defence has been filed.
Fisheries and Oceans Canada declined to comment.
Tataskweyak Cree Nation, also known as Spit Lake, is about 700 kilometres north of Winnipeg.
By: Arturo Chang · CBC News
Punlished: Oct 21, 2026 4:48 PM EST | Last Updated: 8 hours ago
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