Grassy Narrows First Nation files lawsuit against Ontario, federal governments over mercury contamination

A First Nation in northwestern Ontario that has faced decades of mercury poisoning is suing the provincial and federal governments, arguing they've failed to protect its treaty rights.

Asubpeeschoseewagong Netum Anishinabek First Nation — known as Grassy Narrows — filed the lawsuit in Ontario's Superior Court of Justice on Tuesday morning.

It argues the governments have violated their duties under Treaty 3 by failing to protect against or remedy the effects of mercury contamination in the English-Wabigoon River system.

The allegations in this lawsuit haven't been tested in court.

Contamination of the river system dates back to the 1960s and '70s when Dryden's paper mill in northwestern Ontario dumped an estimated nine tonnes of mercury into the water.

Generations of people have consumed fish from the river. According to a previously reported study by medical specialists, about 90 per cent of the community of roughly 1,000 people experience symptoms of mercury poisoning. They include Chief Rudy Turtle.

"Our mercury nightmare should have ended long ago, but it has been longer and worse because of the government's failure to live up to its obligations," Turtle said in a news release on Tuesday.

For years, environmental advocates have called for the river to be cleaned up and the mill to be shut down.

In late May, a new study from Western University in London, Ont., revived these demands with a report suggesting mercury contamination in the river system has been made worse by ongoing industrial pollution.

"Dryden Fibre Canada took over operations for the mill last August. We operate in compliance with extensive environmental regulatory requirements," said Dianne Loewen, a spokesperson for Dryden Fibre Canada, in an email to CBC News late Tuesday afternoon. "Regarding this morning's announcement by Grassy Narrows — we have not yet seen the filing and will not be commenting."

"The government has egregiously violated its obligations to Grassy Narrows by failing to ensure that Grassy Narrows people could safely practise their right to fish — a cornerstone of Grassy Narrows' sustenance and Indigenous way of life," says a statement from the First Nation that was also issued Tuesday.

"This case will be a test of Ontario's and Canada's commitment to truth, reconciliation and justice following one of Canada's worst environmental and human rights catastrophes." 

During a news conference in Toronto on Tuesday morning, Kiiwetinoong MPP Sol Mamakwa said the lack of government action is perpetuating the effects of colonialism on Grassy Narrows people.

"When we talk about environmental genocide, this is what it looks like," Mamakwa said.