Bowater, which eventually became Resolute, filed for bankruptcy protection in 2009. 4 (1) Subject to subsection (2), for the purposes of subsection 90(1) of the Indian Act. Under the MOA a portion of … For Grassy Narrows families, mercury is an intergenerational trauma. Marginal note:Conferral of rights, privileges and benefits. A clear cut section of forest is seen on Grassy Narrows First Nation territory near Dryden, Ont., in this 2006 handout image. For political parties, it’s a federal election issue For political parties, it’s a federal election issue October 10, 2019 The community of Grassy Narrows First Nation has signed an agreement with the federal government to build a $19.5 million, 24 bed care facility for those suffering from mercury poisoning. Return to footnote *[Note: Act in force July 28, 1986, see SI/86-149. In 1971, the mill owners of the day built the disposal site to contain mercury-laced waste. In addition to harming people, the untreated mercury waste from chemical processing led to closure of a commercial fishery and hurt tourism in the region. The 4-3 decision Friday brought some clarity to a long-running dispute over one element of the legacy of environmental poisoning that has caused significant health problems for many residents. Nov. 11, 2017. The agreement dealt with the pollution between 1963 and 1970. Want to discuss? (b) for the purposes of paragraph 41(a) of Schedule A to the Agreement, in respect of any amount paid pursuant to subparagraph 40(c)(ii) of Schedule A to the Agreement or pursuant to any enactment of the Legislature of Ontario that implements that subparagraph or in respect of any personal property purchased by a Band therewith. Introduction: Mercury Poisoning in Grassy Narrows First Nation Mercury poisoning in Asupeeschoseewagong First Nation (Grassy Narrows), an Anishinaabe community in Northwestern Ontario, is an important example of environmental injustice. shall be deemed to be personal property that was given to the Band under an agreement between the Band and Her Majesty but subsections 90(2) and (3) of the Indian Act shall not apply with respect thereto. The Ontario Court of Appeal agreed that the 1985 indemnity applied to the ministry’s environmental order. Marginal note:Exception to Canada Health Act. Eight years ago, the Ontario government ordered Weyerhaeuser Co. and a firm that later became Resolute Forest Products to care for a mercury waste-disposal site in Dryden, Ont., where toxic material from a pulp-and-paper mill’s operations entered the English-Wabigoon river system in the 1960s. 3 (1) The Agreement is hereby approved, given effect and declared valid. Investigations. Assented to 1986-06-17. The operation’s ownership changed over time as a result of various transactions. WHEREAS the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band have entered into an Agreement for the settlement of all claims and causes of action, past, present and future, arising out of the discharge be Reed Inc. and its predecessors of mercury and other pollutants into the English and Wabigoon and related river systems and the continuing presence of any such pollutants, including the continuing but now diminishing presence of methylmercury in the related ecosystems since its initial identification in 1969; AND WHEREAS the discharge of such pollutants and governmental actions taken in consequence thereof may have had and may continue to have effects in respect of the social and economic circumstances and the health of the present and future members of the Bands; AND WHEREAS the Government of Canada and the Government of Ontario have assumed certain obligations under the Agreement in favour of the Bands; AND WHEREAS the Agreement provides, among other things, for the payment of certain sums to each Band, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Board, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Fund, the payment of benefits to Band members and, subject to certain exceptions contained in the Agreement, the abolition of all existing and future rights of action of the Bands and of every past, present or future member of the Bands, and the estates thereof, in respect of any claims and causes of action that are the subject of the Agreement, in consideration of the rights, privileges and benefits set out in the Agreement; AND WHEREAS the Government of Canada and the Government of Ontario are obligated, pursuant to section 2.1 of the Agreement, to recommend to Parliament and the Legislature of Ontario, respectively, special legislation to give effect to the Agreement; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 This Act may be cited as the Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act. Title was therefore registered in Weyerhaeuser’s name until August 2000. The federal government has agreed to fund a $19.5-million mercury care home for Grassy Narrows First Nation, more than two years after Ottawa first promised the facility. Grassy Narrows First Nation received a settlement in 1985 from the Government of Canada and the Reed Paper Company that bought-out the Dryden Pulp and Paper Company and its sister-company Dryden Chemical Company. Two forest-product companies are on the hook for maintaining a mercury waste site near Ontario's Grassy Narrows First Nation, the Supreme Court of Canada has ruled. 5 Every examination, service, test or report made or provided by a medical practitioner in respect of a member of a Band pursuant to the Agreement shall be deemed for the purposes of the Canada Health Act to be an insured health service provided under the health care insurance plan of the Province of Ontario. Grassy Narrows elder: ‘When you have mercury you have it for life’ – Dec 3, 2019 Bowater, which eventually became Resolute, filed for bankruptcy protection in 2009. Severing the site took some time, however. (a) all moneys paid or payable to a Band pursuant to the Agreement, and any personal property purchased by the Band therewith, (b) all moneys paid at the discretion of a Band in accordance with the Agreement to a trust or corporation, and any personal property purchased by the trust or corporation therewith, and. (c) any real or personal property purchased by a Band or by a trust or corporation for the purpose of giving effect to section 2.5 of the Agreement. Grassy Narrows Position The position of Grassy Narrows was that the treaty was made with the Crown, thus it is the Crown that is obliged to act in accordance with the treaty. So have many in Wabaseemoong Independent Nations, also known as Whitedog First Nation, about 130 kilometres away. The English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act of 1986 contained terms of a settlement negotiated by the Grassy Narrows First Nation and Wabaseemoong Independent Nations with the federal and provincial governments, and two paper companies, for claims due to mercury contamination in the English and Wabigoon river systems. It imposed a new economic order that undermined the traditional way of life for the people of Grassy Narrows. Moreover, in June 2017, the Ontario government pledged $85 million to clean up the industrial mercury contamination. 1985: The governments of Canada and Ontario, as well as Reed Limited and Great Lakes Forest Products, reach a legal settlement with the Grassy Narrows and Wabaseemoong First Nations, providing nearly $17 million in compensation ($34 million in 2016 dollars) for the health effects of mercury in their communities. 8 There shall be paid out of the Consolidated Revenue Fund such sums as may be required to meet the monetary obligations of Canada under the Agreement. An Ontario judge ruled in favour of the companies in 2016, saying the language of the indemnity should cover the two subsequent owners. Marginal note:Abolition of rights of action. Both Whitedog and Grassy Narrows are part of the 1986 settlement agreement, in connection with the dumping of mercury from the mill in Dryden. But it found Resolute was not entitled to indemnification and said the lower court should decide whether it applied to Weyerhaeuser. For decades, the residents of Grassy Narrows First Nation, a small community near the Manitoba border, have suffered from the effects of mercury in local lakes and rivers, eating poisoned fish and falling prey to illness from unsafe drinking water. … Residents of Grassy Narrows First Nation, about 100 kilometres northeast of Kenora, Ont., have grappled with long-standing mental and physical health issues due to toxic mercury levels in the nearby English-Wabigoon River.So have many in Wabaseemoong Independent Nations, also known as Whitedog First Nation, about 130 kilometres away. In its decision, the Supreme Court said the 1985 indemnity does not apply to the province’s 2011 order, meaning Resolute and Weyerhaeuser are liable for the costs of maintaining the disposal site. In 1986, the Government of Canada's Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act and the Government of Ontario's English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, facilitated the creation of the Mercury Disability Fund (MDF) and the Mercury Disability Board, based in Kenora, Ontario. Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act (S.C. 1986, c. 23) The new site, accessible by road from Kenora, allowed the government to provide an on-reserve school, electricity, improved social services and more. Grassy Narrows and the Wabaseemoong Independent Nations negotiated an out-of-court settlement with Ottawa, the province and two paper companies in the 1980s. A majority of the high court concluded the judge who initially heard the case made “palpable and overriding errors of fact.”. 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