grassy narrows mercury settlement

grassy narrows mercury settlement

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. Victims of mercury poisoning within the Grassy Narrows community were promised ongoing legal compensation in 1985 after a Memorandum of Agreement (MOA) was finalised between the federal government, the Ontario provincial government and the two companies in charge of the paper mill at the time of contamination, Reed Limited, and Great Lakes Forest Products. So have many in Wabaseemoong Independent Nations, also known as Whitedog First Nation, about 130 kilometres away. Return to footnote *[Note: Act in force July 28, 1986, see SI/86-149. … 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. A clear cut section of forest is seen on Grassy Narrows First Nation territory near Dryden, Ont., in this 2006 handout image. In 1963, the Department of Indian Affairs relocated the people of Grassy Narrows to a new reserve, roughly 8 km to the southeast. 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 1998, Weyerhaeuser entered into an agreement with Bowater to buy some of the pulp-and-paper assets. 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. For almost 50 years, the river system—a foundational element of the Grassy Narrows culture—-that the community relies on for food and water has been contaminated with mercury as a result of industrial pollution. Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act (S.C. 1986, c. 23) It imposed a new economic order that undermined the traditional way of life for the people of Grassy Narrows. 7 The Governor in Council may make such regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof. Mercury concentrations in walleye (Sander vitreus), a fish embedded in their cultural identity, as well as their dietary mainstay, were among the highest every reported, and remain today the highest in the province of ON, Canada. Investigations. Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act. 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. Under the MOA a portion of … It wanted to exclude the waste-disposal site due to the possible environmental liabilities. 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. Marginal note:Exception to Canada Health Act. There have also been reports of Wabauskang First Nation members being impacted, as well, since they are downstream at Quibell. The federal government has promised money for a facility that would provide specialized care to Grassy Narrows community members dealing with the effects of mercury contamination. Assented to 1986-06-17. An Ontario judge ruled in favour of the companies in 2016, saying the language of the indemnity should cover the two subsequent owners. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. In November 1985, Wabaseemoong Independent Nations (formerly Islington, formerly Whitedog) and Grassy Narrows First Nation negotiated an out of court settlement with the federal government, the province of Ontario, and two paper companies (Reed Incorporated and Great Lakes Forest Products Limited) for all claims due to mercury contamination in the English and Wabigoon river systems. To provide services in accordance with the English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986 (Ontario) and the Grassy Narrows and Islington Bands Mercury Pollution Claims Settlement Act, 1986 (Canada). (2) No payment or service to which a Band or any member of a Band is entitled under any other Act of Parliament or under any program of the Government of Canada shall be reduced or diminished by reason of the payment or availability of benefits to the Band or any member of the Band pursuant to the Agreement. Ontario knew about Grassy Narrows mercury site for decades, but kept it secret. Construction was scheduled to start in the fall, but by December that hadn’t happened and Turtle, along with other community members, were in Ottawa criticizing the government for taking so long. Nov. 11, 2017. To base all claimant decisions on medical opinion and independent, individualized assessments. This agreement was supported by passage of the federal Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act, in 1986, and the Ontario English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986. ], Full Document: Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act, Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act, French Constitutional Drafting Committee (1990), Statutes Repeal Act: Reports, Deferrals and Repeals, Miscellaneous Statute Law Amendment Program, Typographical and Grammatical Corrections, Table of Public Statutes and Responsible Ministers, Consolidated Index of Statutory Instruments. (2) Subsection 89(1) of the Indian Act or any enactment of Parliament to the like effect shall not apply, (a) in respect of any real or personal property referred to in paragraph (1)(c); or. Both Whitedog and Grassy Narrows are part of the 1986 settlement agreement, in connection with the dumping of mercury from the mill in Dryden. (contrat de mise en main tierce), Marginal note:Registered Indian deemed member of Band. 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. 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. 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. To act in good faith in relation to any aspect of … The two companies claimed that an indemnity granted in 1985 to the owners of the paper facility at the time — part of a settlement with the Grassy Narrows and Islington First Nations — applied to them as well, but the province disagreed. Six monitoring wells were installed and four others were added later. For political parties, it’s a federal election issue For political parties, it’s a federal election issue October 10, 2019 Marginal note:Short title 1 This Act may be cited as the Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act. Agreement means the Memorandum of Agreement between Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band, signed by each party thereto in the month of November, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43, as amended by the Escrow Agreement; (Convention), Band means the Islington Indian Band or the Grassy Narrows Indian Band; (bande), Escrow Agreement means the Escrow Agreement between Great Lakes Forest Products Limited, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc. and National Trust Company, the terms of which were approved of and consented to by the Grassy Narrows Indian Band and Islington Indian Band and by Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, dated as of the 16th day of December, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43. Title was therefore registered in Weyerhaeuser’s name until August 2000. The indemnity was intended to cover only proceedings arising from the discharge, or continued presence, of mercury in the ecosystem, not those related to mercury in the waste-disposal site, the court said. Ottawa’s funding offer for mercury care home in Grassy Narrows … According to the 1986 settlement agreement, the mercury pollution is the result of discharge from the Reed Paper company's operation in Dryden, which used mercury in their bleaching process for making paper. (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. The accessibility of the new site increased once-limited contact with the government and White society. This agreement was supported by passage of the federal Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act, in 1986, and the Ontario English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986. Supreme Court rules companies are responsible for cleanup of Grassy Narrows site, Grassy Narrows chief calls for end to delays on building health centre to deal with mercury poisoning effects, WATCH: Grassy Narrows chief calls for end to delays on building health centre to deal with mercury poisoning effects – Dec 3, 2019, Grassy Narrows elder: ‘When you have mercury you have it for life’, Grassy Narrows elder: ‘When you have mercury you have it for life’ – Dec 3, 2019, ‘Scared to death’: Boston doctor suffers severe allergic reaction after Moderna vaccine, Ontario confirms Canada’s 1st known cases of U.K. coronavirus variant, Care home planned for Grassy Narrows mercury victims, Care home planned for Grassy Narrows mercury victims – Jun 19, 2019, Canada reports first cases of U.K. coronavirus variant. Indian Bands mercury Pollution Claims Settlement Act ), marginal note: benefits not be! Which eventually became Resolute, filed for bankruptcy protection in 2009 and,... 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