The lawyer representing the province of Manitoba and the Municipality of Rhineland is not convinced the Border Road issue will ever get the Supreme Court of Canada.

The road is at the centre of a lawsuit launched by a group of North Dakota farmers and municipalities who allege the Border Road is responsible for decades of damage to crops, fields and municipal infrastructure during spring flood events. The American group contends that the road is actually a dike that impedes the natural flow northward of floodwater from the Pembina River into Manitoba.

The matter was brought before a federal court in Winnipeg last year where the judge determined the court had no jurisdiction in the matter based on the wording of the International Boundary Waters Treaty Act, and as a result, could not rule on the matter. That ruling was upheld by the Federal Court of Appeal last month.

The legal team representing the American side says it is weighing all of its options, but believes an appeal to the Supreme Court of Canada is imminent. They have until early August to file their appeal.

Lawyer Dean Giles, who represents Rhineland and the province in this case, says he's not so sure the case would ever reach Canada's highest court.

"I not sure that they would (grant the appeal)," said Giles. "The Supreme Court of Canada only hears matters that it deems to be of national or public significance or importance. That phrase has a particular meaning for the Supreme Court. What we have here, at the end of the day, is a question of statutory interpretation. I'm not sure that's something the Supreme Court of Canada will want to pronounce upon."

If the high court were to grant the appeal, the argument that would be presented would centre on whether the federal court and the appeal court erred in their judgement on the issue of jurisdiction. It would not focus on the original issue of compensation for the North Dakota litigants.

Giles is confident that enough work is being done on both sides of the border to address the flood issue and that there is an opportunity to find an out of court solution.

"The problem of flooding on both sides of the border has been the subject of numerous committees and task forces over the years and that work is still ongoing. There is a body by the name of the Lower Pembina River Flooding Task Team that has studied the modeling conducted to date and has issued reports and is continuing to work toward a solution that addresses concerns on both sides of the boundary."

More Local News

R.M. Dufferin and Town of Carman Look to Accommodate STARS Landings

The R.M. of Dufferin and Town of Carman are considering building a helipad at Carman Memorial Hospital. STARS Air Ambulance has approached the municipalities about the possibility. Dufferin Reeve,…

Enjoy the Spring-like Weather While it Lasts

Right now, it feels like spring has sprung in the middle of January. However, Environment Canada Meteorologist Terri Lang says to enjoy it while it lasts. The temperatures are unfortunately are not…

Carman Students Attend Ag Days

Carman Collegiate School brought a busload of students to Manitoba Ag Days this week in Brandon at the Keystone Centre. Karen Elias, Educational Assistant at Carman Collegiate, said they make an…

"Hiring More Psychologists Is Just Not A Realistic Option"

The Regional Mental Health Coordinator for Southern Health says hiring more psychologists is just not a realistic option in rural areas of the province. Tina Cordell is reacting to a review of the…

Pellet Guns Lead To Weapons Charges After Dispute (VIDEO)

Two R.M of Stanley men are facing weapons charges after a property dispute on Wednesday. RCMP and Winkler Police were called to the Village of Hochfeld Wednesday morning after reports of a property…

Access CU Follows Central Bank, Raises Prime

The head of Access Credit Union doesn't think this week's hike in the prime rate will have too much impact on the economic growth and activity the region has enjoyed over the past few years. The Bank…

Winkler Fire Department Responded To Fewer Calls In 2017, Report Impressive Response Times

In its yearly call report, the Winkler Fire Department detailed some positive stats. Not only were overall calls down in 2017 from 2016, the department also boasted some impressive numbers regarding…

Southern Health Reporting Typical Flu Season

The Medical Officer of Health for Southern Health says it has been a typical flu season here in Southern Manitoba. Dr. Michael Routledge says influenza has reached the South Central region and…

Morris MLA Expecting Changes To Riding

The MLA for Morris anticipates changes will be made to the boundaries of his riding when the Electoral Boundaries Commission completes its review later this year. The boundaries are reviewed every 10…

UPDATE: Property Dispute Leads To Arrests In Hochfeld (VIDEO)

RCMP along with Winkler Police conducted a joint operation in the Village of Hochfeld Wednesday morning. Officers from the Morden and Carman Detachment received a call at 10:50 a.m advising of a…

Carman and Dufferin Move Ahead with Commitments to PCH Project

The Town of Carman and R.M. of Dufferin are moving forward with their shares of funding for a new personal care home in Carman. The Town of Carman has given first reading to a borrowing by-law that…

Clearing The Smoke About Why The Poverty-Stricken Spend On Habit

While statistics reveal numbers of people who are quitting their smoking habits are rising, those living below the poverty level seem to be holding out. With the cost of cigarettes increasing…

Tenders Open For New Winkler K-8 School

Tenders for construction of the Pine Ridge Elementary School in Winkler are now open. Tenders opened January 12th and will close February 13th. February 16th is the day set by the Garden Valley…

Snowmobile Enthusiasts Looking Outside The Province For Trails

With the winter already roughly half over, the riding season in the Pembina Valley, if it comes, could be a short one. A good sledding season usually starts with the first snowfall in November and…

BLSD Officials Participate In Provincial Literacy And Numeracy Summit

A delegation from Border Land School Division joined various other stakeholders in Winnipeg last week to talk literacy and numeracy in Manitoba. The three-day Learning for Life Literacy and Numeracy…

Water Rates Continue To Climb

Wholesale water rates in our region went up 2 percent at the start of this year. It's part of a series of increases that the Public Utilities Board approved back in the fall of 2013. Under that…

Feds Revise Controversial Tax Changes

The biggest tax changes in 40 years are being watered down. CPA, CA Accountant Shawn Friesen explains the federal government has abandoned a number of proposals that had negative consequences, "they…

Carman Reservoir Projects Takes Another Step Forward

There's been another step forward in building a new water reservoir in Carman as well as upgrading the community's water distribution system. At its latest meeting, Town Council got the ball rolling…

Pembina Valley Boasts Having One Of The Lowest Jobless Rates In The Province

The Pembina Valley region continues to be an economic engine for the province, according to a Manitoba MLA. This region has an unemployment rate of just under 5 percent compared to a 5.7 percent…

String Of Shoplifters Hit Winkler Businesses

Winkler Police responded to a string of shoplifting cases last week. On January 9, police received a report of theft from staff at Mark's Work Wearhouse. Police learned two females stole several…

PembinaValleyOnline.com is your only local source for community news and information such as weather and classifieds.

Search the Biz Guide

19
Jan
2018
Enchilada supper

19 January 2018 5:00 pm - 7:30 pm

Winkler Mennonite Church, Winkler





20
Jan
2018
Journey For Sight

20 January 2018 8:00 am

Blair Morrison Hall, 504 Broadway Street, La Rivie





20
Jan
2018
Winter Carnival - Morris

20 January 2018 12:00 pm

Town of Morris





21
Jan
2018
Cross Country Ski Day

21 January 2018 1:30 pm

Burwalde Woods Trails





21
Jan
2018
Winkler Flyers @ Portage Terriers

21 January 2018 6:30 pm

Stride Place





22
Jan
2018
Fraud and Senior Safety

22 January 2018 2:00 pm

Gardens on Tenth - multi purpose room, Altona





22
Jan
2018
A Cappella Fever!

22 January 2018 4:30 pm - 5:30 pm

Manitoba Conservatory of Music & Arts





Login