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The MV Poplar River, operated by the Freshwater Fish Marketing Corporation.<\/p>\n
Poplar River is concerned the divestment will end the community\u2019s use of the MV Poplar River barge, owned by the Crown corporation. The remote First Nation on the east shore of Lake Winnipeg relies on the barge to drive its economy through fishing.<\/p>\n
The community filed a lawsuit against the corporation and federal government in December, as well as the notice of motion that sought a court-ordered injunction to protect its interests in using the barge.<\/p>\n
Court of King\u2019s Bench Justice Sarah Inness, in a decision earlier this month, ruled the court does not have the jurisdiction to hear Poplar River\u2019s motion for an injunction.<\/p>\n
\u201cI am sympathetic to (Poplar River\u2019s) circumstances as the future economic stability of the community hangs in the balance,\u201d wrote Inness. \u201cHowever, these factors are insufficient for me to find jurisdiction to grant the relief sought.\u201d<\/p>\n
The injunction motion asked the court to order the federal government and corporation to temporarily suspend Freshwater Fish from disbanding until it has fully consulted with and accommodated Poplar River\u2019s treaty and Indigenous rights.<\/p>\n
It also sought a court order preventing the sale or disposal of the barge without Poplar River\u2019s consent.<\/p>\n
Poplar River sought the court orders to stall any changes to the corporation until a judge rules on its lawsuit.<\/p>\n
The First Nation relies on fishing as one of its biggest trades. The barge transports food, construction materials and fuel to the First Nation, as well as commercial catches of pickerel and whitefish, the court filings say. The community of about 1,400 people does not have all-weather road access.<\/p>\n
The First Nation argues that without the barge, commercial fishers can\u2019t transport and sell their catch, while essential supplies aren\u2019t easily shipped to Poplar River.<\/p>\n
The First Nation argued the government neglected its rights and harmed its economic security, leaving it in a state of uncertainty. The loss of the vessel would lead to irreparable harm, it argued. It pointed to a 2022 explosion that rendered the vessel inoperable, sparking a near-collapse of its economy.<\/p>\n
The federal government conceded that King\u2019s Bench could rule on Poplar River\u2019s statement of claim, but argued the Manitoba court did not have jurisdiction under the law to grant injunctions against the federal Crown, Inness wrote in her decision.<\/p>\n
Ottawa argued the federal court has exclusive jurisdiction to grant injunctions against the federal Crown and only on applications for judicial review, rather than injunction motions.<\/p>\n
\n\t\tWinnipeg Free Press | Newsletter\n\t<\/p>\n
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The marketing corporation argued the lawsuit against it should be stayed because Poplar River did not include a proper cause of action \u2014 a legal basis entitling a party to sue \u2014 in its court filing.<\/p>\n
But Inness said Poplar River may still seek to amend its lawsuit.<\/p>\n
She ruled it would be unjust and prejudicial to the community if she were to stay the lawsuit against the marketing corporation, finding that issue should be addressed separately after a judge hears more legal arguments.<\/p>\n
The statement of claim remains before the court and neither the Crown corporation or government have filed statements of defence in response.<\/p>\n
erik.pindera@freepress.mb.ca<\/p>\n
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Erik Pindera Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020.\u00a0 Read more about Erik<\/a>.<\/p>\n Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print \u2014 part of the Free Press\u2018s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press\u2019s history and mandate<\/a>, and learn how our newsroom operates<\/a>.<\/p>\n
Reporter
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