Canada First Nation appeals mercury contamination case to Inter-American Commission on Human Rights News
Bestbudbrian, CC BY-SA 4.0, via Wikimedia Commons
Canada First Nation appeals mercury contamination case to Inter-American Commission on Human Rights

Asubpeeschoseewagong Netum Anishinabek First Nation (also known as Grassy Narrows), located in Ontario, Canada, highlighted Thursday the severe impact of mercury contamination on their community before the Inter-American Commission on Human Rights (IACHR) in the first virtual public hearing in the case.

The IACHR addresses human rights and violations in the Organization of American States (OAS), of which Canada is one of the 35 member states. The First Nation argued that there were potential human rights violations under the American Declaration of the Rights and Duties of Man. The Canadian Government, represented at the hearing, defended its efforts to address the mercury pollution, highlighting past initiatives. However, the First Nation argued that these initiatives have been insufficient in addressing the ongoing health crisis and environmental damage.

The mercury contamination occurred between 1962 and 1975 when an estimated 9,000 kg of untreated mercury were dumped into nearby river systems by a paper mill operated by Dryden Chemicals Ltd. A settlement was entered into between Grassy Narrows, Whitedog and the provincial and federal governments in 1986. In 2017, the Ontario provincial government pledged $85 million and the federal government pledged $200.1 million in 2020 for mercury treatment centers. Generations of members of the First Nation have consumed fish from the contaminated waters, leading to widespread health issues.

At the virtual hearing Tuesday, Chief Rudy Turtle stated that many community members have lost hope and that many face significant challenges in participating in work and education due to the ongoing health effects of the pollution.

Central to all of this is Treaty 3, which was signed between the Saulteaux Tribe of the Ojibbeway Indians and the Crown in 1873, and guaranteed the right to fish and gather substance and included provisions to ensure the indigenous peoples’ rights to continue their traditional practices, such as fishing, hunting, and gathering, considered essential for their sustenance and way of life. Two reserves were carved out for the Ojibbeway five years after the signing of the treaty, one of them being the Grassy Narrows reserve.

In addition to this, the First Nation also has another ongoing lawsuit in the Ontario Superior Court of Justice in which they have alleged that both the Canadian Federal and Ontario Provincial governments violated their duties under Treaty 3 by failing to protect them from the effects of mercury contamination caused by a paper mill between 1962 and 1975 in the English-Wabigoon River System. The First Nation also demanded Indigenous control over future projects in their traditional territory, including two gold mines and the nuclear-waste storage site at Igance, Ontario.

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