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Environmental contamination at a First Nations reserve in Manitoba
Petition: No. 217
Issue(s): Aboriginal affairs, environmental assessment, human health/environmental health, and toxic substances
Petitioner(s): Mathias Colomb Cree Nation
Date Received: 19 September 2007
Status: Completed
Summary: This petition concerns contaminated soils on First Nations land in Manitoba. In the 1980s, diesel fuel was discovered in the crawl space of the school, and the area was contaminated with polychlorinated biphenyls (PCBs). The buildings and infrastructure were affected—many had to be demolished, and the people in the community had many health issues. The petitioner indicates that many of the recommendations made by different engineering firms over the years, including rebuilding the community and addressing human health issues, still need to be addressed. The petitioner asks questions about the budget figures and specific timelines for dealing with the contamination. The petitioner also asks the Government of Canada to fund a study to look into the possible impact of this contamination on health in the community.
Federal Departments Responsible for Reply: Environment Canada, Health Canada, Indian and Northern Affairs Canada
Petition
OFFICE OF
Chief Shirley Castel
Mathias Colomb Cree Nation
P.O. Box 135
Pukatawagan, Manitoba ROB 1 GO
Phone: 1 -204-553-2089-2090 Fax: 1-204-553-2419
September 11, 2007
Mr. Roger B. Hillier
Petitions Manager
Office of the Auditor General of Canada
CD. Howe Building, 240 Sparks Street, West Tower
Ottawa, Canada
KlA 0G6
Dear Sir,
I wish to submit a petition to you under Section 21 of the Auditor Generals Act. I have attached a copy of this petition for your records. Hopefully by submitting this petition, I will get some answers as to the Governments handling of the soil contamination of our lands that is a direct result of their carelessness.
If you have any questions to the above, or need any clarification, please feel free to call me.
Yours truly,
[Original signed by Shirley Castel]
Chief Shirley Castel
Mathias Colomb Cree Nation #311
Pukatawagan, Manitoba ROB 1G0
Telephone: (204) 553-2183
Facsimile: (204)553-2174
Cellular: (204) 627-9084
A diesel generating station was established on Mathias Colomb Band #311 reserve lands by the Department of Indian Affairs to operate a school and maintain residences associated with the school. This site was first established in the 1950's. In the 1970's, a new school was developed to handle the growing population and was expanded again in the 1980's. It was during this expansion in 1988 that diesel fuel was discovered in the crawl space and that the entire area was contaminated with PCB's. In 1989, the school was shut down and a study commissioned by the Department of Indian Affairs to address concerns. This study was undertaken by the K.G.S. Group, an engineering firm located in Winnipeg. This report, known as the "KGS Report", made recommendations that the school be discontinued, a temporary school established until a new school was built, and the contaminants were cleaned up and replaced with clean backfill.
Upon this work being done, it was found that the diesel had spread through a leaking pipeline to other buildings and that those areas were also found to be contaminated. To address this situation, the Department of Indian Affairs hired another engineering firm, Poetker McClaren, to quantify this newest discovery. After the report was in, the Department made a commitment to utilize existing environmental funding that they had in place for the Region to address this situation. The Department allocated funding based not on a work plan, but on what monies was available to be spent from their yearly allotment from Headquarters. This ranged over the next eight years from a minimum of $250,000.00 to $600,000 per year and in some years money was not allocated to this project, or the Contribution Agreement was delivered to late to be able to do any work during that year.
This continued on until the year 2000, when after numerous meetings and negotiations, the Department and the First Nation agreed that a foil site investigation would be carried out by a "recognizable company" to address the following:
- site investigations
- building and infrastructure affected
- human health issues
among other requirements. It was agreed between the Department and the First Nation, that once the report was done that it would be put into a Treasury Board submission and sent forward to Ottawa for approval. The report itself was conducted by Toxcon, an international renowned Company with expertise in environmental assessments and health issues associated with those issues, and included all of the requirements as listed. The remedial action plan in the report, totaled $16 million dollars. This included all items associated with cleaning up the soil and the infrastructure affected and are listed below:
This Toxcon report of $ 15,972,719 was the report that was to be submitted to Treasury Board in Instead, when the Regional Office in Winnipeg received the report, they took out the items that they felt were "risk items" and instead submitted a request for $6,500,000 to the newly created Federal Contaminated Sites Accelerated Action Plan, The request was approved in and work began. As the construction phase continued and the $6,5 million was utilized under the new scope of work, it became apparent through analytical testing and on site observation, that the scope of work was not sufficient enough to cover off the contamination issue. Indian and Northern Affairs Canada Manitoba Region, was then forced to resubmit a $4.4 million dollar project to the Environmental Department to deal with the outstanding contaminated soil.
This is where we are now, we are in the final year of the $4.4 million dollar project with only $1.2 million dollars left and outstanding issues that total close to $9 million dollars. We have demolished all of our main Government buildings that include our main, complex, which housed our Band administration offices, an 8 room hotel, restaurant, store, Laundromat, post office, and the main gathering area of our membership, as well as an Education administration building and a Child and Family Services building. Yet the Department of Indian Affairs has not made any commitments for the rebuilding of these lost assets.
It is not only the physical assets that we have lost, we have also suffered significant monetary damage which has been the main contributing factor for the community being placed under Co-management by the Department of Indian Affairs. The Community has been forced to use program dollars to address displacement issues directly related to the contamination project.
Over the years since 1990 this community has contributed on average $260,000 per year from our program dollars to deal with student placement in outside schools while waiting for the temporary facilities to be ready, moving and renovation costs associated with the demolition of the Education Office, moving and renovation costs of Band administration buildings which has had to move 3 times over this time frame. Employee sick days paid out due to employees being treated for nausea, headaches, and other factors related to working in a contaminated job site. Chief and Council expenditures related to meeting and negotiating on behalf of the community to move forward on the contamination project. The Band Government has had to spread it's operations between small buildings and houses, which has made it impossible to provide accurate and organized service to it's people.
As I have stated, we have spent on average $260,000\year over a 17 year period which amounts to $4,420,000 that have been spent from our own programs to address an issue that was brought on by the Department of Indian Affairs contaminating our land. And we as a community are being held accountable for all these expenses.
Requests
1. How many similar contaminated sites are there on First Nations lands in Manitoba, and what is the budgeted figures and timelines to deal specifically with these sites?
2. We know that Canada has commitments to the World Health Organization. The W.H.O. has done substantial study on diesel contamination sites and we ask, has Canada maintained it's obligations to the W.H.O. as it pertains to our people living in the areas of this containment?
3. We know Canada was signatory to United Nations Agenda 21 on Sustainable Development which deals in part with polluters and the polluters pay policy. Has Canada dealt fairly with our people as it pertains to the context outlined in Agenda 21?
4. Does Canada agree with the polluter pay policy outlined in the United Nations Agenda 21.
5. Will Canada agree to fully replace the buildings that were lost in our community due to the soil contamination? If yes, when will you replace them? If no, why will you not replace them?
6. Will Canada agree to replace funding that we have spent out of our program budgets dealing with this disaster? If yes, when? If no, why will you not reimburse us?
7. Will Canada agree to fund a study to look into the possibility of any detrimental effect that this contamination has had on our health, specifically to look at hair sampling and blood sampling among other medical issues related to exposure to diesel vapors and product? If yes, when? If no, why will you not fund a study?
Closing
Canada has defined sustainable development as " development that meets the needs of the present without compromising the ability of future generations to meet their needs."
Our contamination issue has been ongoing since 1989, we have lost a whole generation due directly to this diesel contamination. We have no solid base in which to govern and deliver services to our people. Most of our children from 1989 to 2000 were sent out to school where they were subject to separation from family, racism, discrimination, etc. and most gave up to come back home where they feel safe and secure. Now, that security is gone and we have no government building to house our programs, do proper analysis of programs, or maintain proper organization. Under this scenario, Canada has broken its own definition of sustainable development.
Minister's Response: Environment Canada
11 January 2008
Chief Shirley Castel
Mathias Colomb Cree Nation #311
P.O. Box 135
Pukatawagan, Manitoba
R0B 1G0
Dear Chief Castel:
I am pleased to respond to your Environmental Petition No. 217, to the Interim Commissioner of the Environment and Sustainable Development, concerning the soil contamination at Mathias Colomb Cree Nation #311. Your petition was received in the Department on October 3, 2007.
Due to the nature of the issues being raised in the petition, my colleague, the Honourable Chuck Strahl, Minister of Indian and Northern Affairs, has responded to the petition on behalf of the federal government. I concur with his response.
Sincerely,
[Original signed by John Baird, Minister of Environment]
John Baird, P.C., M.P.
|
c.c.: |
The Honourable Tony Clement, P.C., M.P. |
Minister's Response: Health Canada
21 December 2008
Chief Shirley Castel
Mathias Colomb Cree Nation
P.O. Box 135
Pukatawagan, Manitoba
R0B 1G0
Dear Chief Castel:
This letter is in response to your petition no. 217 of September 11, 2007, regarding soil contamination at Mathias Colomb Cree Nation. Your petition was forwarded to Health Canada by Mr. Ronald C. Thompson, Interim Commissioner of the Environment and Sustainable Development, pursuant to subsection 22(3) of the Auditor General Act.
The Mathias Colomb Cree Nation has raised the same facts and issues in the petition and in legal proceedings against Her Majesty the Queen in Right of Canada, filed in the Court of Queen’s Bench, Winnipeg Centre, in Manitoba, file number CI 97-01-00726. As the legal proceedings are ongoing, Health Canada is unable to provide a response to the petition at this time.
I appreciate your interest in this important matter.
Yours sincerely,
[Original signed by Tony Clement, Minister of Health and the Minister for the Federal Economic Development Initiative for Northern Ontario]
Tony Clement
cc: The Honourable John Baird, P.C., M.P.
The Honourable Chuck Strahl, P.C., M.P.
Mr. Ronald C. Thompson, Interim CESD
Minister's Response: Indian and Northern Affairs Canada
31 October 2007
Chief Shirley Castel
Mathias Colomb Cree Nation
PO Box 135
Pukatawagan, Manitoba
R0B 1G0
Dear Chief Castel:
This is in response to your letter September 11, 2007, sent to me on your behalf by Ronald C. Thompson Commissioner of the Environment and Sustainable Development pursuant to subsection 22(3) of the Auditor General Act regarding the Environmental Petition # 217—Soil Contamination at Mathias Colomb Cree Nation.
In legal proceedings against Her Majesty the Queen in Right of Canada, filed in the Court of Queen's Bench, Winnipeg Centre, in Manitoba, file number CI 97-01-00726, the Mathias Colomb Cree Nation has raised the same facts and issues dealt with in the petition. The legal proceeding is ongoing. Accordingly, Indian and Northern Affairs Canada is unable to provide a further response to the petition at this time.
I trust that this information is useful to you and thank you for your interest.
Sincerely,
[Original signed by Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]
Chuck Strahl
c.c.: Mr. Ronald C. Thompson, FCA