Kichi Sipi Bridge
Encyclopedia
The Kichi Sipi Bridge spans a deep channel of the Nelson River
south of Cross Lake
, providing the only all-weather road link between eastern Manitoba
and the rest of Canada and North America. Its origins are unusual and its technology innovative. At 850 feet, it is the second longest road bridge in Manitoba.
. The lawsuit arose in turn from the 1977 Northern Flood Agreement, between five bands and the Crown concerning effects of hydro-electric development
on several rivers in Manitoba. Article 17.1 of the agreement undertakes a policy of implementing recommendations that a government-sponsored Study Board made in 1975, including "that an all-weather road be built connecting the Cross Lake community road network with the Jenpeg access road." Article 14.2 provides that if such policies are not fully implemented in a timely way the bands may claim damages. In Claim 109, Cross Lake Indian Band sought damages for governmental failure to build an all-weather road to Cross Lake
, including the lack of an all-weather crossing over the Nelson River (originally known as Kichi Sipi, or Great River, in Cree).
The governments of Canada and Manitoba took the position that Provincial Road 374, including a ferry crossing over the Nelson River, was an all-weather road. In 1993, the continuing arbitrator charged with enforcing the agreement found that "there is at present no all-weather road connecting Cross Lake and Jenpeg" because there was no bridge across the Nelson River. After further arbitration hearings, the Manitoba Court of Appeal
finally ruled that one or both of the federal and provincial governments was liable to pay damages as long as no bridge was in place. The agreement provides that there is no appeal from the decision of the Manitoba Court of Appeal.
In 1999, the government of Manitoba announced that, in light of the Court's decision, it would implement the policy. It built a technically innovative quadruple-span concrete and steel bridge at a cost of C$25,000,000. Kichi Sipi Bridge was officially opened on December 16, 2002.
Building the bridge froze the mounting liability for damages. The claim is ongoing as the amount of damages remains to be determined and may exceed the cost of the bridge. Which government is liable to pay the damages has also not yet been determined.
Other communities in north-eastern Manitoba may be linked by all-weather road to the continental highway system via the Kichi Sipi Bridge in future. This was the third public highway bridge to be constructed in northern Manitoba as a result of lawsuits under the Northern Flood Agreement. The other two are the PR 391 crossing over the Footprint River and the PR 373 crossing over the Minago River.
Nelson River
The Nelson River is a river of north-central North America, in the Canadian province of Manitoba. Its full length is , it has mean discharge of , and has a drainage basin of , of which is in the United States...
south of Cross Lake
Cross Lake (Manitoba)
Cross Lake is a lake in Manitoba on the Nelson River north of Lake Winnipeg. It is long and narrow and extends at least 40 miles east-northeast. The Nelson enters and leaves on the west side. The Minago River enters on the west. From the Minago a portage led to Moose Lake and the Saskatchewan...
, providing the only all-weather road link between eastern Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
and the rest of Canada and North America. Its origins are unusual and its technology innovative. At 850 feet, it is the second longest road bridge in Manitoba.
Background
Until 2002, the only road links to eastern Manitoba north of 51° (an area of some 120,000 sq. miles, with numerous communities) were seasonal ice roads. Kichi Sipi Bridge was constructed by the government of Manitoba as a result of a lawsuit by Cross Lake Indian BandPimicikamak
Pimicikamak is the name of one of the Cree-speaking aboriginal peoples of Canada. Pimicikamak is "a people of rivers and lakes. The traditional territory of Pimicikamak is around Sipiwesk Lake in the heart of the boreal forest, five hundred kilometres north of Winnipeg, Manitoba...
. The lawsuit arose in turn from the 1977 Northern Flood Agreement, between five bands and the Crown concerning effects of hydro-electric development
Nelson River Hydroelectric Project
The Nelson River Hydroelectric Project refers to the construction of a series of dams and hydroelectric power plants on the Nelson River in Northern Manitoba, Canada...
on several rivers in Manitoba. Article 17.1 of the agreement undertakes a policy of implementing recommendations that a government-sponsored Study Board made in 1975, including "that an all-weather road be built connecting the Cross Lake community road network with the Jenpeg access road." Article 14.2 provides that if such policies are not fully implemented in a timely way the bands may claim damages. In Claim 109, Cross Lake Indian Band sought damages for governmental failure to build an all-weather road to Cross Lake
Cross Lake (Manitoba)
Cross Lake is a lake in Manitoba on the Nelson River north of Lake Winnipeg. It is long and narrow and extends at least 40 miles east-northeast. The Nelson enters and leaves on the west side. The Minago River enters on the west. From the Minago a portage led to Moose Lake and the Saskatchewan...
, including the lack of an all-weather crossing over the Nelson River (originally known as Kichi Sipi, or Great River, in Cree).
The governments of Canada and Manitoba took the position that Provincial Road 374, including a ferry crossing over the Nelson River, was an all-weather road. In 1993, the continuing arbitrator charged with enforcing the agreement found that "there is at present no all-weather road connecting Cross Lake and Jenpeg" because there was no bridge across the Nelson River. After further arbitration hearings, the Manitoba Court of Appeal
Manitoba Court of Appeal
The Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
finally ruled that one or both of the federal and provincial governments was liable to pay damages as long as no bridge was in place. The agreement provides that there is no appeal from the decision of the Manitoba Court of Appeal.
Construction
Building the bridge froze the mounting liability for damages. The claim is ongoing as the amount of damages remains to be determined and may exceed the cost of the bridge. Which government is liable to pay the damages has also not yet been determined.
Other communities in north-eastern Manitoba may be linked by all-weather road to the continental highway system via the Kichi Sipi Bridge in future. This was the third public highway bridge to be constructed in northern Manitoba as a result of lawsuits under the Northern Flood Agreement. The other two are the PR 391 crossing over the Footprint River and the PR 373 crossing over the Minago River.