The Southern Chiefs’ Organization (SCO) of Manitoba filed a claim seeking legal personhood for Lake Winnipeg on Thursday.

The claim for personhood is based on Section 7 of the Charter of Rights and Freedoms, which states that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Granting personhood to the Lake would create a way for courts to recognize rights for Lake Winnipeg.

The statement of claim is rooted in the combination of charter rights jurisprudence and Anishinaabe philosophy. The Anishinaabe have a deep relationship with and respect for the natural features of the land and Anishinaabe law imposes an obligation to “speak on behalf of Lake Winnipeg.”

The Government of Manitoba and Manitoba Hydro are defendants in the proceedings. The SCO alleges that Manitoba Hydro’s Lake Winnipeg Regulation project has had degrading impacts on the Lake’s health. Mary Maytwayashing, a representative of the SCO, stated:

Weeniibiikiisagaygun (Lake Winnipeg) has a spirit, is sacred and is living. First Nations Knowledge Keepers, land users and rights holders tell us that Lake Winnipeg is suffering and she is sick. Western scientists agree. It is our responsibility to speak on behalf of Lake Winnipeg as she is unable to speak for herself. Her well-being is crucial to the health of current and future generations.

Legal personhood was granted to the Magpie River in Quebec in 2022. Through this recognition, the river was granted the rights “to evolve naturally, to be protected and preserved, to be free from pollution, and to sue”.

Similar efforts to recognize legal personhood and rights for bodies of water have been gaining momentum over the past few years around the world.