Michipicoten First Nation considers legal action against Domtar over alleged contamination near Chapleau

An Indigenous community in northern Ontario says it's preparing legal action against pulp and paper producer Domtar, alleging the company isn't cleaning up contamination.

Michipicoten First Nation alleges substances from Domtar's wood waste site near Chapleau have leached into the soil and water supply, and are impacting the environment. The company's property is next to Michipicoten's traditional lands.

"We are putting government and industry on notice that First Nations people will no longer stand for the environmental contamination and degradation of our homelands," said Chief Patricia Tangie. "We are going to hold you accountable."

Domtar had been required to cap these mounds with an impermeable material so water and heavy metals couldn't leach into the soil and water system.

John Kim Bell, consultant and lead negotiator for Michipicoten First Nation, says that instead of clay, Domtar covered them in sand.

"Water leaked out and the contaminates spread in all directions," Bell said.

For two years, the community has tried to get the company and the provincial government to deal with the leachate running offsite. The Ministry of the Environment, Conservation and Parks (MECP) and Ministry of Natural Resources and Forestry (MNRF) required the company to consult with the First Nation.

"We couldn't get them to enter an agreement with us," Bell said. He added that throughout the past two years, the community has asked Domtar for data or to try to negotiate only to get the runaround.

Through their own data collection, Michipicoten First Nation learned the contamination on the Domtar property was spreading and getting into the local water system. The community asked the company to cap the mounds with impermeable material, but that hasn't happened.

Bell said they learned Domtar plans to build two ponds on the site where the leachate would flow into. 

"They've given us no technical data on the design of the pond, the assimilative capacity, the ability of the pond to capture all the contaminates and contain it," Bell said.

He said the community has also been frustrated with the two provincial ministries involved; the legal actions will also be directed toward them.

"The community is just sort of tired of this treatment from corporations who take tonnes of money, take it all out, leave a mess behind, take no responsibility for, and leave the mess for the citizens in these areas," Bell said.

"They should be held accountable, and they should be stopping the contamination and they should be capping those cells so that no additional contaminants enter into the environment.

"We don't want to take this dramatic action, but we feel like we're forced to because clearly they did not honour their obligation, the duty to consult," Bell said, adding the community would prefer to work this issue out reasonably.

"We do wish for them to voluntarily come forward with the government. 

"To see if they will in fact sit down with us, and properly consult and we will all mutually agree — the government, and us and Domtar — looking for a win-win situation as to how to stem this contamination, in the interest of the public," Bell said.

"Our [First] Nation is committed to protecting and preserving our lands for use by current and future generations. Caring for Mother Earth is the foundation of our traditional teachings and ways of life," Tangie said.

"Our future generations are counting on us to pass on our collectively shared lands, waters and natural resources in good condition for them."

Domtar response 

In a statement to CBC News, Domtar says it has responsibly managed and controlled the wood waste site since the sawmill ceased operations in 2005.

It added it's been in compliance with its permit and approval requirements, and been in consultation with the MECP and MNRF.

The statement also says the company has conducted ongoing environmental monitoring and reporting for over 20 years "and is committed to improving the environmental condition of the site."

"Domtar respects the rights and traditions of First Nation communities and considers environmental stewardship a core value."

The company said that after taking the consultation with Michipicoten "as far as reasonably possible," it submitted its consultation report and is seeking a decision from the two ministries involved.