In mid-September, the Pictou Landing First Nation band council filed a lawsuit against the province of Nova Scotia, Neenah Paper, Kimberly-Clark and Kimberly-Clark NS Inc., demanding action on Boat Harbour. The harbour is adjacent to the reserve and has been absorbing pulp processing effluent —currently about 95 million litres per day—for 44 years. The effluent is a cocktail of chemicals including dioxins, furans, chloride, mercury and other heavy metals.
The lawsuit contends that the province and Scott Maritimes (the company that established the pulp plant) knew the waste was toxic and would destroy the water on Pictou Landing. The air pollution has been equally problematic, causing breathing difficulties, nausea and headaches.
The sight and smell of the pollution sparks palpable anxiety and fear of sickness. “Nova Scotia has the highest cancer rate in the country and Pictou County has the highest cancer rate in Nova Scotia,” says Ron Kelly, a member of the Pictou County Watershed Coalition. Kelly’s group consists of members of Pictou Landing and non-native residents, which he says are equally affected and largely integrated.
Pictou Landing’s case, filed by Halifax lawyer Brian Hebert, is largely based on a breach of contract. The province promised to shut down the Boat Harbour facility and clean the pollution as far back as 1995. “The NDP says that agreement doesn’t apply to them but it’s on government seal,” says Kelly.
While the contract law is relatively straightforward, Brian Hebert tells me that Pictou Landing’s aboriginal right to live on the reservation has been interfered with by the nuisance of pollution. That is why a case filed by Ecojustice on behalf of the Aamjiwnaang First Nation in Sarnia, Ontario— six weeks after Pictou Landing filed its case —could change the lives of Pictou County residents.
Ecojustice lawyers have filed an Application for Judicial Review, on behalf of Aamjiwnaang members Ada Lockridge and Ron Plain, in which they claim that the Ontario Ministry of Environment’s consistent approval of petro-chemical pollution around the reserve violates their Charter rights to life, liberty, security and equality.
“The case is about increased risk,” ecojustice lawyer Justin Duncan explains. “Ontario doesn’t consider the chemical soup, the cumulative effects of all these pollutants. We have experts who will say that the total pollution adds risk: increased risk of cancers, asthma, neurological and development issues.” Duncan adds that 40 percent of Aamjiwnaang’s children use inhalers and some residents are in a state resembling post-traumatic shock from near weekly off gassing rocking their houses.
It could be the first case tried on Charter rights to a safe and healthy environment, and it argues that First Nations people—who are connected to their land by eons of history and ancestral burial grounds—are affected disproportionately by pollution across Canada. Duncan hopes the case will be heard by mid-2012. If he wins it could open the door to new lawsuits from reserves, and other communities, dealing with health pollution.
Brian Hebert says he’s watching closely. “Aboriginal law is different in each province because of the different histories,” he says. “But the right to live on reserve is the same.” Meaning that if an Ontario court accepts the claim that Chemical Valley violates Aamjiwnaang’s aboriginal Charter rights, the province of Nova Scotia and several subsequent owners of the Boat Harbour pulp mill facility could be in a toxic mess for doing the same thing to Pictou Landing.
And if an Ontario court agrees that Ada Lockridge and Ron Plain’s rights to a safe living environment were violated, the Province of Nova Scotia may have a lot of explaining to do to the people of Pictou County. Ron Kelly’s Pictou County Watershed Coalition is now in discussions with the Department of Health and the Pictou County Health Authority to commission a full epidemiological health study of the area. Kelly says the study can be done through quantitative community health surveys and systematic anecdotal data collection.
So far, the province has only said that a risk assessment might be possible. “They don’t want the complete information because it means they would have to acknowledge their mistake,” Kelly says. But as much as they may stall, events in Ontario may soon force our provincial government to finally make amends.
This article appears in Jan 20-26, 2011.
Of course, people will be angry still at First Nations people, this time for putting people out of work. Seems like the answer to “Why can’t we all just get along” is staring us in the face again.
Chemical Alley is in Sarnia and therefore does not affect only aboriginals. If the refineries and chemical plants cause pollution I fail to see how only aboriginals are affected.
What is the evidence that they are affected disproprtionately ?
Look at the oil refineries in Montreal, Quebec city, Saint John, Woodside – none of them are near aboriginals.
Here is a clip from 2008 CBC – “The Aamjiwnaang also want to prove that the negative health effects are not just being felt on the 850-member reserve. Isaac Luginaah, an associate professor of geography at the University of Western Ontario whose studies focus on the environment and health, compared London and Sarnia hospital admissions data from 1996 to 2000. General hospital admissions were 47 per cent to 90 per cent higher for Sarnia residents. The difference in admission rates for cardiovascular and respiratory diseases in Sarnia were even more extreme — up to 300 per cent greater than in London. “
Nothing to do with race.
Joeblow: Ecojustice’s case is that Chemical Valley completely surrounds the reserve. So while all Sarnia is affected, the claim is that no other community has been so targeted for siting of heavily polluting facilities.
Chris – I have been to Sarnia many times. The refineries etc are predominantlty strung alongside the river for over 4 kms and over to the highway. Any ill effects from the indusrtial plants will also impact the residents of Michigan in their large single family dwellings complete with pools and private docks and who are just as close as the reserve.
I suggest you take the time to look at a map of the area. You may also want to look into the medical rates on the US side of the river.
The predominant winds are NW which will impact the reserve and SW which will not impact the reserve but will blow over the City of Sarnia.
I hope you don’t believe the nonsense that the East Lake landfill was close to the Prestons when it was proposed 20 years ago. (Check the map)
Joeblow: I’m familiar with the layout and you’re right that many communities are affected. Those communities will have something to celebrate if Ada Lockridge and Ron Plain win, because it will set a precedent for them to file similar claims whether or not they are aboriginal. Having said that, race seems to be a factor in the location of these facilities, which as I’ve stated surround the reserve.
environmental racism wtf … is this shit just made up as they go along !
!
THIS OPERATION IS ALSO RESPONSIBlE FOR MEGA ELECTO-PoLLUTION AND THE SAME with coal fired AIR-POLLUTION FROM THE POWER IT AND LIKEWISE All the other pulp and paper mills require to function.
You can’t see.hear,smell,feel,taste EMF so its easy to dismiss and ignore its effects.
You can smell,taste,see the air and water pollution so its not so easy to hide.
This area also has a high incidence of muscular distrophy.
Although it has made some good short term bucks for a small percentage of the community it’s long term health and well being costs will become more apparent with time.
This wealth has come at the expense of the forest eco-systems to produce a product that is used for a short time and then landfill fodder with the results of the inks leeching into the ground water soon to be enjoyed.
This type of operation will soon be history because of carbon tariffs/taxes and no oil to run it’s old/outdated/but paid for technology.
And they
–the coyotes–
call the human species the most feared predator on the planet for good reason!