Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act

Background

The Anishinaabe community of Asupeeschoseewagong First Nation (Grassy Narrows) has a registered population of approximately 1,511 members, 951 who live on-reserve. Located along the Wabigoon-English River, this Ojibway First Nation falls under Treaty 3 territory. When Treaty 3 was signed in 1873, it included provisions for community members to hunt, fish and trap on land that now fell under Crown control. Land is an integral component of the Ojibway culture and the treaty allowed for the cycle of seasonal activities and traditional practices to continue on the land, regardless of ownership.

Between 1962 and 1970 a chemical plant operated by Reed Paper Ltd (as part of its pulp and paper operations at Dryden) located approximately 100 km upstream from the reserve, began leaking mercury (a toxic chemical) into the Wabigoon-English River. By 1970 approximately 10 tonnes of mercury had contaminated the river.

Although the plant had stopped using mercury in its processes by 1975, the Wabigoon-English river remained one of the most heavily mercury contaminated waterways in the world. Fish (Walleye, Northern Pike and Lake Whitefish) continued to have extremely elevated mercury levels, even with the passage of time indicating methylmercury was still leeching into the river. Scientific studies have shown that over time mercury concentrations in water species will significantly decline, however in the Wabigoon-English river rates of decline were slowing down and leveling off.