Shoal Lake Questions Canada for First Time on Taking of Water from Shoal Lake
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Posted by Shelby Percival
- Posted in BlogsNews
From January 19 to 23, 2026, Iskatewizaagegan Independent First Nation (“IIFN”) conducted five days of discoveries in Winnipeg, examining Canada’s witness in the ongoing litigation concerning the taking of water from Shoal Lake. This marked a pivotal moment for IIFN, as it was the first opportunity to question Canada under oath.
The inclusion of Canada as a Defendant stems from Justice Perrell’s recommendation during the 2024 Hybrid Motion. In his decision, Justice Perell recognized IIFN’s right to self-determination and left it to IIFN to decide whether they wished to include Canada as a Defendant. However, Winnipeg and Ontario did exercise this option, filing third-party claims against Canada in June 2024. Winnipeg and Ontario also filed crossclaims against each other.
It is rare for government entities to take legal action against one another. By filling third party claims and cross-claims, Winnipeg and Ontario are “pointing fingers” at each other and Canada for the harm Winnipeg’s aqueduct has caused and continues to cause IIFN.
Ahead of the discoveries on January 16, 2026, Justice Merritt made an order that all parties would be required to answer every question posed during discoveries, with refusals permitted only on the grounds of solicitor-client privilege, litigation privilege, or proportionality. This Order recognizes the need for a more open exchange of information between IIFN and settler governments, who have historically kept and maintained records and information pertaining to Indigenous Nations. In historical cases such as this one, gathering all of the relevant information is key to arriving at a just determination at trial.
Falconers LLP is honoured to assist IIFN in this work. Discoveries were supported by partner Julian Falconer, associates Jeremy Greenberg, Christianne Labelle, Jordan Tully, and articling student Isabelle Calderhead, as well as agent Amy Westland.
