Michipicoten First Nation demands accountability for decades of chemical contamination
First Nation considers legal action against Domtar and Ontario after decades of unresolved environmental pollution.
MICHIPICOTEN FIRST NATION (July 29, 2021) – Michipicoten First Nation (MFN) is calling for immediate action by pulp and paper giant Domtar and the Government of Ontario to resolve the continued chemical contamination of the First Nation’s traditional lands. The First Nation is preparing for legal action unless the necessary remediation and accommodation strategies can be agreed to, it announced on July 29.
According to scientific reports, contaminated leachate has been running offsite from Domtar’s Martel Wood Waste Site into the local aquatic and terrestrial environment for several decades. Records show that Domtar has been in violation of its permit since 2013; a fact that was acknowledged in a joint letter from both the Ministry of the Environment, Conservation and Parks (MECP), and the Ministry of Natural Resources & Forestry (MNRF) to Michipicoten First Nation.
“It is unconscionable that Domtar, as well as the MECP, have known about this contamination for decades but have not stopped or remedied the problem,” says Michipicoten Gimaa Kwe Patricia Tangie. “Domtar continues to leak contaminated leachate into the environment; damaging our natural resources for First Nations people and other residents in and around Chapleau. We are putting Government and industry on notice that First Nations people will no longer stand for the environmental contamination and degradation of our homelands. We are going to hold you accountable.”
Ontario has twice delegated consultation to Domtar to resolve the contamination issue; first in September 2019 and the second time in May 2020. Despite a joint Ministry Task Force to compel Domtar to consult with Michipicoten, Domtar has neither seriously consulted with the First Nation, nor resolved the continuing contamination problem.
Despite continued efforts from Michipicoten First Nation to work cooperatively and in good faith with all parties to develop proposed solutions, Domtar has avoided meaningful engagement with the First Nation. Requests for scientific and technical data, mitigation options and environmental monitoring solutions have been deflected, gone unanswered, or ignored by Domtar. Meanwhile, the leachate is spreading and contaminating new areas of land and water systems in and around Chapleau and includes Michipicoten’s traditional lands.
“Ontario and Domtar have left us with no other choice but to prepare for legal action,” adds Gimaa Kwe Tangie. “Our Nation is committed to protecting and preserving our lands for use by current and future generations. Caring for Mother Earth is the foundation of our traditional teachings and ways of life. These Ancestral teachings have been passed through our families for generations. Our teachings tell us that even a butterfly flapping its wings in Australia will come to have an effect on us here in Northern Ontario. We are experiencing an era of reconciliation in Canada, and we intend to end negative actions affecting our homelands and people. Our future generations are counting on us to pass on our collectively shared lands, waters and natural resources in good condition for them.”
About Michipicoten First Nation
Michipicoten First Nation is a vibrant Ojibway First Nation located in Northern Ontario, close to the Town of Wawa. Members of the community were the earliest inhabitants of the Michipicoten River area on the northeast shore of Lake Superior. The community’s traditional territory extends along the Lake Superior coastline as well as to the areas of Missanabie and Chapleau. The people of Michipicoten strive to maintain harmony and balance with Mother Earth, neighbouring First Nations and surrounding communities.
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Stephanie Ash
Firedog Communications
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Additional Information:
Domtar’s Martel Wood Waste Site
• Domtar acquired the Martel Wood Processing Plant, Sawmill and Landfill in 1999.
• At the request of Ontario, Domtar submitted an Environmental Compliance Application and received its approval in May 1999. The permit established that Domtar’s existing land use lease was sufficient to contain any contaminated leachate.
• Between 2000 and 2010, Ontario identified problems with leachate spreading beyond the permitted zone from routine monitoring reports. Domtar was not meeting the ECA permit requirements for leachate.
• A Closure Plan for the Martel Wood Waste Site was submitted and approved in 2013 by Ontario without consulting Michipicoten First Nation. The Closure Plan provided three key objectives. In 2019, a site inspection by Michipicoten concluded that none of the three objectives had been met.
• Records show that Domtar did not provide adequate protection to the vegetation and wildlife within the surrounding Chapleau Game Preserve for many years. In fact, the 2013 Closure Plan indicated that the site was non-functional and operating ineffectively.
• Between 2016 and 2019, Domtar discussed a land lease expansion with Ontario to allow for contamination to spread beyond the original permitted zone.
• In 2018, Michipicoten received a letter from MNRF indicating that Domtar was requesting to amend a Land Use Permit and create an easement for a Contaminant Attenuation Zone. This would allow contamination to flow beyond the original permitted site located near Michipicoten First Nation’s Chapleau reserve and its traditional lands in and around Chapleau.
• At this time, neither Domtar’s non-compliance nor the spreading contamination had been appropriately addressed.
• In early 2019, Michipicoten First Nation requested access to reports and monitoring data to understand the nature and extent of the problem. Michipicoten First Nation had to wait 13 months to receive the requested information in full.
• In September 2019, a meeting took place between Michipicoten First Nation and Domtar. The company admitted to the existence of a modest problem and that contaminated leachate was moving beyond the permitted zone.
• Michipicoten First Nation later learned that the contamination was much greater than what was originally suggested by Domtar.
• MNRF/MECP sent two letters to Michipicoten First Nation (May 2019 and February 2020), delegating the authority to consult directly to Domtar. A Memorandum of Understanding and consultation budget were not successfully concluded.
• In 2020, MNRF/MECP formed an internal governmental Task Force to ensure consultation between Domtar and Michipicoten First Nation. This effort also failed.
• In 2020, Michipicoten First Nation received a copy of a letter from Domtar to MECP dated January 2015 that confirmed Domtar’s violation of the permit. The violation was identified to be caused by inadequate capping of the cells that permitted contaminants to spread.
• As of 2021, the Government of Ontario and Domtar have known about the contamination problem for years. It must be immediately cleaned up and prevented from spreading further.