Statement from Aamjiwnaang Chief and Council re: ‘Canada’s Toxic Secret’

Photo by: Brian Bienkowski

RE: Documentary “Canada’s Toxic Secret” – Global News on October 14, 2017

Due to the documentary and several media stories Chief and Council are issuing the following statement:

Aamjiwnaang First Nation continues to bear the risk associated with the Ministry of Environment and Climate Change and other regulatory agencies not fulfilling their mandate of environmental protection. Both the Provincial Ministry of the Environment and the Federal Environment Department continually fail to meaningfully engage with Aamjiwnaang First Nation on the proposed VOC (Volatile Organic Compounds) regulations. Not consulting our nation on a decision that will impact our Aboriginal and Treaty rights is contrary to a.35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples. Under the new Technical Standards industry is required to adhere to continuous improvements through technology benchmarking and improved performance standards. The recent documentary proves that continued exposure of Aamjiwnaang First Nation to spills, flaring, and benzene compounds are carcinogenic and extremely harmful to our members. Industry continues to display a negligent attitude and lack of training for public safety. Aamjiwnaang believes a Multi-agency effort needs to be established to review the range of processes and risks that may affect the safety of the Aamjiwnaang First Nation.

Aamjiwnaang is offended with the continued delay in standard setting and enforcement of the Environment Protection Act, the very Act that is supposed to protect us.

Environment Minister Chris Ballard has announced a Health Study and steps to improve air quality in the Sarnia area. However, Aamjiwnaang believes a Health Study should focus on our community which is surrounded by 57 industries and we have been waiting since 2016 on a new SO2 standard to be announced by the Ministry of Environment and Climate Change.

Under Ontario’s current statutory regime, Regulation 419 of the Environmental Protection Act, R.S.O. 1990, c.E19 (EPA) prohibits emitting any substance into the air unless emissions are permitted by the MOECC. Therefore, Aamjiwnaang feels that the MOECC has neglected their function of determining both the type and amounts of pollution that Aamjiwnaang citizens may be exposed to.

One of the regulated substances that pose significant health risks is exposure to higher levels of sulphur dioxide and particulate matter. These substances can cause a significant increase in respiratory conditions such as asthma and bronchitis and pose significant risk to people with respiratory conditions. Many Aamjiwnaang community members suffer from respiratory conditions.

As such, Chief and Council of the Aamjiwnaang First Nation are deeply concerned about the delay in Ontario’s new sulphur dioxide standards and the potential impact on their community’s health. Aamjiwnaang is entitled to protection of the environment as stated in Article 29 of the United Nations Declaration of the Rights of Indigenous Peoples which states, “Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources.”

Aamjiwnaang is outraged that all levels of government continue to ignore our inherent rights. Their non-action continues to subject our people to levels of pollution that would be unacceptable and illegal in any other community.

As stated by Ontario Environment Commissioner, Dianne Saxe after viewing the documentary, “It’s clear to me that this situation is outrageous and it needs immediate attention. First Nations communities disproportionately bear the burden of pollution across Ontario and that needs to change”.

The Honour of the Crown requires that Aboriginal and Treaty Rights be afforded special consideration – beyond mere consideration as part of the general public interest – by virtue of our constitutional status under Section 35 of the Constitution Act, 1982. Aamjiwnaang asserts our rights be fully engaged and that we be at the discussion table where decisions are being made on environment matters that affect us.