Mattagami First Nation files lawsuit against CN Rail

An Indigenous community in northern Ontario has filed a lawsuit against CN Rail.

The Mattagami First Nation says the suit relates to two derailments that took place near Gogoma in 2015. It says the derailments caused major oil spills into the local environment.

Mattagami alleges the spills were caused by CN's negligence and it is now suing as a result of what it describes as major damage to local waterways.

Traditional ways of life 'totally destroyed' says chief

Chief Chad Boissoneau told CBC News that the community doesn't feel CN put in enough effort to clean the Makami River after the derailments. That's why they decided to take legal action.

"They really have no idea how much oil migrated down the river system," says Boissoneau.

"There's still evidence of oil that comes up on a daily basis."

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The First Nation is seeking a total of $30 million for the interference of traditional rights and punitive damages.

Boissoneau says that money will go toward the community's own efforts to clean the river, since the damage is affecting their traditional hunting and gathering methods.

"There are quiet a few members who use that area to pick medicines, traditional berries, hunting, and doing traditional fishing and harvesting there," says Boissoneau.

"But because of the derailment, members didn't want to practice their traditional methods in that specific area. Even though it's a small area, it still has a lot of value to it. It's very accessible. Now that opportunity is totally destroyed."

Trespass and nuisance of property rights ground for lawsuit

Krista Nerland, one of the lawyers representing the First Nation, says these traditional rights are protected by the constitution and, normally, would be claimed against the government.

"But what we're saying in this lawsuit is they're also a property right," Nerland says.

"So we've claimed trespass and nuisance for interference with these rights, and we're also making a claim that CN was negligent."

This lawsuit is not a class action, but is brought in the name of Chief Boissoneau and the First Nation.

Nerland says the suit was filed in Toronto and will take several months to get to court.

CN confirms they've received the suit

In an email to CBC News, a CN Rail spokesperson says the company is declining comment since the case is before the courts.

The spokesperson says CN is committed to cleaning up the environmental impact the derailments had on the area.

"We've provided the community regular updates throughout the cleanup and monitoring process, as we worked with experts from across Canada and the United States to clean up the spill and restore the natural habitat," the email reads.

'You will pay'

Nickel Belt MPP France Gelinas, who has been vocal about the rights of those in Gogama and Mattagami First Nation since 2015, says this lawsuit will force CN to continue cleaning efforts.

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"Whenever we've been able to muster enough public pressure, they've always come up to the plate and offered something more to clean the mess," she told CBC News.

"But they're looking for more than that. This is their way of life, this is their environment, this is their territory. CN, you made a mess. You will pay," Gelinas says.

Life has changed for current residents

Boissoneau says life will never go back to the way it was for current Mattagami residents.

Events like berry picking and annual moose and duck hunts aren't in their near future, all because of the derailment damage. Still, the chief remains hopeful for the next generation.

"Maybe in 20 or 30 years, there may be an opportunity to continue practicing our traditional methods that we've done for hundreds and hundreds of years."