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canada news
Thursday, Jul 14, 2005
Manitoba group plans to fight North Dakota water project in Canadian court
WINNIPEG (CP) - A group of Manitoba residents is hoping to succeed where the provincial and federal governments have so far failed, and stop the Devils Lake drainage project in North Dakota.
A grassroots coalition of environmentalists, fishermen and municipal leaders announced Thursday they plan to ask the Federal Court of Canada to force a halt to the project. "When diplomacy doesn't work, you have to look at the legal option," said Kevin Chudd, the mayor of Gimli, Man.
Chudd, area fishermen and the group Friends of the Earth believe North Dakota's plan will pollute Canadian waters.
The state is building an outlet to drain water from Devils Lake to ease chronic flooding. The water will make its way into the Red River, which flows across the border and into Lake Winnipeg.
The Manitoba government, the State of Minnesota and environmentalists in the U.S. asked a North Dakota court to halt the project earlier this year, but the court turned them down.
Prime Minister Paul Martin has raised the issue with U.S. President George Bush, asking him to have the project studied by the International Joint Commission - a body set up by both countries to arbitrate cross-boundary water issues.
But Bush has not yet agreed, and the outlet is set to open within three weeks.
"Unfortunately, as the saying goes, we're at the eleventh hour," said Chudd, who said the coalition hopes to file its motion with the Federal Court next week and raise $200,000 for legal expenses.
The group's lawyer, David Estrin, expressed confidence that he can convince a Canadian court to force North Dakota to halt the project.
Estrin pointed to the International Boundary Waters Treaty, signed by Canada and the U.S in 1909.
"There is federal legislation that implements the treaty in Canada. (It) says the Federal Court has jurisdiction (over) any injured party or person," said Estrin. He plans to argue that the act gives the court the power to render decisions against parties on both sides of the border.
The North Dakota government has rejected Canadian claims that Devils Lake is polluted. The lake is home to thriving fishing lodges, and governor John Hoeven's office has said it would not push ahead with the project if the lake was polluted, because more than a third of North Dakotans live downstream from the lake.
People who live near the lake are anxious for the project to proceed.
With no natural outlet, the lake has been rising for years, forcing families to relocate, flooding roads, and costing the state more than $500,000 in damage control and repairs.
© The Canadian Press, 2005
http://www.mytelus.com/news/article.do?pageID=canada_home&articleID=1980162
Thursday, Jul 14, 2005
Manitoba group plans to fight North Dakota water project in Canadian court
WINNIPEG (CP) - A group of Manitoba residents is hoping to succeed where the provincial and federal governments have so far failed, and stop the Devils Lake drainage project in North Dakota.
A grassroots coalition of environmentalists, fishermen and municipal leaders announced Thursday they plan to ask the Federal Court of Canada to force a halt to the project. "When diplomacy doesn't work, you have to look at the legal option," said Kevin Chudd, the mayor of Gimli, Man.
Chudd, area fishermen and the group Friends of the Earth believe North Dakota's plan will pollute Canadian waters.
The state is building an outlet to drain water from Devils Lake to ease chronic flooding. The water will make its way into the Red River, which flows across the border and into Lake Winnipeg.
The Manitoba government, the State of Minnesota and environmentalists in the U.S. asked a North Dakota court to halt the project earlier this year, but the court turned them down.
Prime Minister Paul Martin has raised the issue with U.S. President George Bush, asking him to have the project studied by the International Joint Commission - a body set up by both countries to arbitrate cross-boundary water issues.
But Bush has not yet agreed, and the outlet is set to open within three weeks.
"Unfortunately, as the saying goes, we're at the eleventh hour," said Chudd, who said the coalition hopes to file its motion with the Federal Court next week and raise $200,000 for legal expenses.
The group's lawyer, David Estrin, expressed confidence that he can convince a Canadian court to force North Dakota to halt the project.
Estrin pointed to the International Boundary Waters Treaty, signed by Canada and the U.S in 1909.
"There is federal legislation that implements the treaty in Canada. (It) says the Federal Court has jurisdiction (over) any injured party or person," said Estrin. He plans to argue that the act gives the court the power to render decisions against parties on both sides of the border.
The North Dakota government has rejected Canadian claims that Devils Lake is polluted. The lake is home to thriving fishing lodges, and governor John Hoeven's office has said it would not push ahead with the project if the lake was polluted, because more than a third of North Dakotans live downstream from the lake.
People who live near the lake are anxious for the project to proceed.
With no natural outlet, the lake has been rising for years, forcing families to relocate, flooding roads, and costing the state more than $500,000 in damage control and repairs.
© The Canadian Press, 2005
http://www.mytelus.com/news/article.do?pageID=canada_home&articleID=1980162
