Imagine, if you will, a disease that affects only a specific population group whose symptoms can include muscular numbness, hearing and speech defects, paralysis, insanity, coma and even death. Then consider this, as bad as the symptoms are for adults and children, for pregnant women and their yet unborn babies, the effects are devastating; a generational legacy of deformed infants, brain damaged as they grow older and possibly dying a painful death well before they should.
Imagine as well that such a disease resulted not from unknown factors but was man-induced. Then imagine that such a disease ran rampant right here in Canada, in northern Ontario and today very few are even aware it ever happened.
Back in the early 1960s the Dryden Chemical Company in Dryden, Ontario ran a process plant, which made "chloralkali." This substance produces chlorine, sodium hydroxide and hydrogen, useful chemicals when reacting with other compounds giving us much of today's creature comforts from energy-efficient building materials and solar energy panels, to pharmaceuticals and crop protection products, to electronics and fibre optics, amongst much else.
Sadly though this chemical company, in producing reams of chloralkali, utilized the mercury cell method. The results were disastrous. The Dryden Pulp and Paper Company used the sodium hydroxide and chlorine emanating from the process for bleaching paper during production. The company then discharged their liquid sewage waste, tonnes of it, into the nearby Wabigoon-English River system. This poisoned not only the water but eventually the fish as well. Of course fish was the main source of food and nutrients for two First Nations Reserves, Grassy Narrows and White Dog not to mention the related fishing tourism industry.
It took a few years but finally the mercury problem was identified in 1969 and a year later the company was ordered by the government to cease its release of mercury into the river. It was estimated that between 1962 and 1970 over 9,000 kg of mercury had been poured into the Wabigoon-English River system. And even though ordered to stop the liquid sewage dumping, the company continued its airborne emissions of mercury till shortly before it closed down in 1976.
Despite the astounding levels of mercury dumped into the waterway and then the atmosphere, there was no real sense of urgency in getting the message out. In fact many mixed messages about the safety of eating the fish seemed to be the order of the day.
Minamata disease is the syndrome caused by mercury poisoning. It was named after a disaster in in a small southern Japanese town of Minamata where in the 1950s the Chisso Chemical Company dumped over 27-tonnes of Mercury compound into Minamata Bay. Tragically it resulted in over 3,000 inhabitants contracting Mercury poisoning with more than 300 deaths.
The Japanese understood all too well the effects of Mercury poisoning. Indeed Japanese scientists having learned about the situation at Grassy Narrows and White Dog sent a team of scientists and doctors led by Masazumi Harada, to the reserves in the mid 1970s followed by four subsequent visits, the final one this past summer, to document the progress of the disease. What they found was produced in a report released this year; the only comprehensive study ever undertaken.
Astoundingly, more than four decades later the effects of mercury poisoning persist. Japanese scientists examined 160 adults from Grassy Narrows and White Dog reserve. Over 33 per cent were diagnosed with the disease and a total of 58 per cent were still affected in some way by the mercury. Indeed while the levels of mercury in the fish were lower than decades earlier they were still above safe levels. So over 40 years later children and grand children from these reserves are still being impacted by mercury poisoning. Sadly Dr. Masazumi Harada, the world's leading expert om Minamata Disease passed away one week after the release of this report.

And what of compensation? Both the federal and provincial governments long turned a blind eye. Unlike in Japan where the government and private industry finally took responsibility offering their victims between $2,000 and $8,000 a month in compensation depending on severity of the case. In Canada, where after many years the government has finally allowed for some compensation payments range from $250 to $800 per month.
The First Nations consider themselves the "stewards of the earth." Aboriginal elders tell their people '"treat the Earth well; it was not given to you by your parents, it was loaned to you by your children."
Fifty years after big business poured tonnes of poisonous mercury into the Wabigoon-English river system while society turned its back and did nothing, the river has found a way to give back. Discussions are underway with the Grassy Narrows First Nations to use their traditional waterways to potentially create safe clean hydro electric power. Such partnerships help to restore trust and bring dignity back to those we treated with such disdain.
We have driven First Nations from their traditional lands, poisoned their waters and trampled their rights We have not yet learned to treat the Earth with respect and have left a legacy of pollution for all our children. It is time we find ways to both compensate for past wrongs while partnering with First Nations to help build a better future.
Follow Bernie Farber on Twitter: www.twitter.com/@berniefarber
http://www.cultureunplugged.com/play/6412/The-Scars-Of-Mercury
Ontario cannot infringe on aboriginal rights to hunt and trap enshrined in the Treaty 3 agreement signed in 1873 with the federal government, the judge said.
Joseph Fobister was choking back tears when he heard the news. “My first thought was ‘justice at last.’ It’s been a long 10 years waiting for something to happen,” he tells me following a press conference at Queen’s Park.
Grassy Narrows Band Council Chief Simon Fobister is also elated: “This time the Indians won.”
**********
http://www.oba.org/en/pdf/sec_news_abo_dec11_nar_mar.pdf
http://this.org/magazine/2011/11/22/grassy-narrows/
http://www.bht.com/resources/treaty-rights-importance-historical-context
http://this.org/magazine/2011/11/22/grassy-narrows/
&
http://freegrassy.org/
The Royal Commission on the Northern Environment was established on July 13, 1977 by an Order-in-Council of the Ontario Cabinet. The Commission was established pursuant to The Public Inquiries Act of 1971 and furthering the purpose of The Environmental Assessment Act of 1975 which dealt with the betterment of the people, of the whole or any part of Ontario, by providing for the protection, conservation and wise management in Ontario of the environment. It was created to inquire into any beneficial and adverse effects on the environment for the people of Ontario of any public or private enterprise north of the 50th parallel of north latitude relating to harvesting, supply and use of timber resources, mining, milling, smelting, oil and gas extraction, hydro-electric development, nuclear power development, water use, tourism and recreation, transportation, communications or pipelines.
http://www.highbeam.com/doc/1G1-14666848.html
From Ink Lake: Canadian Stories Selected By Michael Ondaatje:
The idea was expressed by the Ojibway Grand Chief John Kelly, in 1970, when he said:
"As the years go by, the circle of the Ojibway gets bigger and bigger. Canadians of all colours and religions are entering that circle. You might feel that you have roots somewhere else, but in reality, you are right here with us."
from his submission to the Royal Commission on the Northern Environment/ “We Are All In the Ojibway Circle: My Genocide is Your Genocide”
http://www.archive.org/stream/finalreponorenviron00onta#page/n3/mode/2up
http://www.paullewandowski.com/links/alllinks.html
The provincial governments has no choice but to negotiate "Our issues are well documented - court cases and the constitution. Jurisprudence cases across this country recognize our aboriginal and treaty rights, so they have to negotiate, they have no choice. They're deeply obligated to sit down and talk to us. They need our consent."
Grassy Narrows has long argued it only agreed in 1873 to sign a treaty with Canada involving the Keewatin lands north of Kenora on a promise that the federal government would protect its traditional ways of life.
Grassy Narrows' lawyers said the ruling would have reverberations across Canada for other First Nations fighting to protect traditional lands.
Ontario has provincial jurisdiction over timber and mining rights.
The provincial government has for years been selling timber leases to large forestry companies that have clear-cut large swaths of the region.
Superior Court Justice Mary Sanderson ruled Ontario has no right to infringe on rights protected by federal treaty — and urged governments to live up to their promises.
http://www.cbc.ca/news/canada/story/2011/08/17/grassy-narrows-legal-victory.html
REFERENCE:
In Short, it is a LEGAL DUTY imposed by the Court on Gov't to Consult and Accommodate ... Much like other Canadian Court decisions on Aboriginal issues, .... they had to litigate to prove their Rights & fight a Provincial infringement. ...
[PPT]
Conceptualizing the Honour of the Crown
www.nalma.ca/1,%202,%203%20Gathering/.../PwrPnt%20Consultation.ppt
&
http://www.sterritt.com/papers/01-032002-njs.pdf
( course I know Neil Sterritt & Joe Sanders...
http://www.cbc.ca/news/canada/story/2011/08/17/grassy-narrows-legal-victory.html
http://www.kenoradailyminerandnews.com/2011/07/13/grassy-claims-victory
http://vancouver.mediacoop.ca/sites/mediacoop.ca/files2/mc/Grassy_Narrows_Clan_Mothers_Notice_re_roadbuilding_oct_2010_FINAL.pdf
http://www.mediacoop.ca/newsrelease/4790
http://books.google.ca/books?id=7utOftgVgJ4C&pg=PA579&source=gbs_toc_r&cad=4#v=onepage&q&f=false
Historic rights..do some research...
Parliamentary Research Branch
ABORIGINAL AND TREATY RIGHTS
http://dsp-psd.pwgsc.gc.ca/Collection-R/LoPBdP/EB/prb9916-e.htm
&
http://www.canadianlawsite.ca/aboriginal.htm
&
Primer: Canadian Law on Aboriginal and Treaty Rights. Introduction. Prior to European occupation of North America, Aboriginal peoples occupied what is now ...
http://www.law.ubc.ca/files/pdf/enlaw/primer_complete_05_10_09.pdf
&
* * A Brief Introduction to Aboriginal Law in Canada
* * Aboriginal Law and Legislation Online
* * Henderson's Annotated Indian Act
* * Links to Aboriginal Resources
* * The Law Library
http://www.bloorstreet.com/200block/lawoff.htm