Grassy Narrows First Nation is suing Ontario and the federal government over the long-term harm of mercury poisoning its river, caused by a nearby paper mill's toxic waste.
The statement of claim alleges the governments failed to protect the First Nation's right to fish by allowing the river to be poisoned for decades. It seeks an undetermined amount of compensation for the people of Grassy Narrows, as well as a court order for the governments to remediate the river system and implement mechanisms to prevent another environmental disaster from happening.
“Time and again the government has chosen to prioritize corporate profits at our expense. Our mercury nightmare should have ended long ago, but it has been longer and worse because of the government’s failure to live up to its obligations,” Grassy Narrows Chief Rudy Turtle said.
“We have had hundreds of meetings, dozens of different studies, negotiated, demonstrated, walked, prayed, and done everything in our power to cry out for justice, but we have been met with a hard heart. I hope that with this action and the perseverance of our people we will find justice at long last.”
Grassy Narrows is represented by Adrienne Telford of Cavalluzzo and Lisa Glowacki of Ratcliff. Telford said the case aims "to ensure that Ontario and Canada finally uphold their legal and constitutional obligations to Grassy Narrows."
Mercury poisoning is dangerous and insidious. It can cause uncontrollable tremors, walking issues, blindness and memory problems. Exposure during pregnancy can cause brain damage in the baby, passing the curse from generation to generation.
"Many of them have nervous system damage," Turtle said of his people. "You can see that they shake when they're talking or whenever they're trying to hold something, you can see them shaking. You can see the damage that's being done."
The environmental disaster has unfolded for decades. Dryden Chemicals Ltd. dumped 9,000 kg of mercury into the English-Wabigoon River between 1962 to 1970, poisoning the fish and water flowing into Grassy Narrows. In 2017, the federal government committed to building a treatment centre for people living with mercury poisoning in Grassy Narrows. Ontario has also committed tens of millions for mercury cleanup and remediation, and payments to those poisoned.
Still, the situation remains dire. A recent report found that, despite government assurances that the threat would dissipate over time, the Reed Paper mill's current emissions are exacerbating the impact of the mercury still in the water.
"Fifty-years-plus is a long time. It's such a long time for both governments to ignore and to brush off," Turtle said.
"We are doing it for our people," he said of the lawsuit. "We are doing it for the next generation. And we are looking for a fair and proper compensation for our people, for the people of Grassy Narrows. And I want to see the government act. They need to act."
Turtle, along with a handful of supporters and Telford, attempted to enter Queen's Park with the goal of personally serving Premier Doug Ford. Despite having guest passes endorsed by NDP MPP Sol Mamakwa, they were stopped by security at the main entrance. Officers explained that because the group had taken part in a "demonstration," they would not be allowed inside the building until the next day.
The demonstration in question was a five-minute press conference. No chants, bullhorns, etc.
— Jack Hauen (@jackhauen) June 4, 2024
The Speaker (a PC MPP) can opt to let them in but it doesn’t sound like that’s happening. pic.twitter.com/EjT3yf513g
Some members grumbled about their short, sombre press conference being labelled a demonstration. One of them wondered if Prime Minister Justin Trudeau — another leader of a nation — gave a speech outside, would he be denied entry?
"This is not political. We just wanted to serve our statement of claim," Turtle said.
Nonetheless, only the Speaker, PC MPP Ted Arnott, could overrule security and welcome Turtle and his compatriots inside. He did not.
Between verbal volleys in question period, Mamakwa said he appealed to Arnott to let them in, but the speaker didn't want to make a decision in the midst of the everyday chaos.
After question period, though, when Mamakwa asked to bring the group inside for some water and a chance to cool off in the A/C, he said the Speaker wouldn't budge.
"I think he should have let them enter. I mean, it's hot out there," he said.
Arnott did not immediately respond to a request for comment.
Though he's welcome to try again on Wednesday, Turtle said he has other meetings scheduled and it would be hard to make it work.
"We feel that (Ford is) not taking this seriously. And he should be taking this seriously and showing us that he is taking Grassy Narrows seriously," he said.
Indigenous Affairs Minister Greg Rickford was not made available to scrum on Tuesday since the issue is now before the courts, according to a premier's office spokesperson. Rickford's office, and those of Ford and Attorney General Doug Downey, did not respond to an emailed request for comment on the lawsuit, and why the government chose not to meet with Turtle outside Queen's Park.
In question period, pressed by NDP Leader Marit Stiles, Rickford noted that his government increased mercury disability payments for Grassy Narrows residents and touted Ontario as having "the highest environmental protection standards out there."
Federal Indigenous Services Minister Patty Hajdu and Environment Minister Steven Guilbeault likewise declined to comment on the case itself, but said in a shared statement that their government "will be there to work with Grassy Narrows and Wabaseemong Independent Nations every step of the way." They pointed to the care home and bills the Liberals have introduced with an eye to prevent similar situations from happening again.
"Water pollution is a serious issue, and the government of Ontario has an important role to play in addressing it as well," they added.
Opposition leaders agreed that Turtle should have been allowed into the legislature.
"This is the people's building, and all people should be welcomed into our provincial legislature. Of course he should have been welcomed here," Liberal Leader Bonnie Crombie said.
Stiles said she was "embarrassed" that he was denied entry. She didn't call for the mill's closure, saying that technology exists to clean its wastewater.
Liberal MPP Adil Shamji and Green Leader Mike Schreiner, however, said the mill should be shut down if it's poisoning people.
The main problem is a "lack of political will over generations," Green Leader Mike Schreiner said.
"If this kind of poisoning was happening in Lake Ontario, I believe the government would be acting immediately."
