Second First Nation Files Urgent Lawsuit Over Toxic 2019 Spill

URGENT UPDATE: A second First Nation, the Chemawawin Cree Nation, has just filed a lawsuit against Canadian Kraft Paper over a catastrophic 2019 toxic spill affecting the Saskatchewan River. This lawsuit follows a significant ruling last month in which a Manitoba court ordered the company to pay a $1 million fine after pleading guilty to charges under the federal Fisheries Act due to the spill.

The spill, which began on February 27, 2019, resulted in a staggering 181 million litres of black liquor—an acutely lethal toxin—flowing into the Saskatchewan River over six days. The Chemawawin Cree Nation alleges that the mill not only breached its treaty rights but also failed to properly consult with the community about the incident and its remediation efforts.

Located approximately 120 kilometres southeast of The Pas, the Chemawawin Reserve 2 community, home to around 1,300 residents, states that the spill has severely impacted their traditional rights to fish, hunt, and trap in the contaminated waterways. In their statement of claim filed in the Court of King’s Bench, the community argues that the negligent actions of Canadian Kraft Paper have polluted their land and traditional territory.

“The flow of the black liquor through their territory has resulted in significant environmental damage,” the claim asserts. Chemawawin emphasizes that they learned about the spill from media reports only after Canadian Kraft Paper’s guilty plea in December 2023, further highlighting the lack of communication from the company.

This lawsuit marks a critical development as it follows a similar legal claim filed by the Opaskwayak Cree Nation just over a year ago against the same defendants regarding the same spill. Opaskwayak’s lawsuit claims that its leadership was not informed of the spill until years later, affecting their members who continued to fish and harvest in the impacted area. They are seeking $10 million in damages for potential long-term health effects.

The Chemawawin lawsuit names Canadian Kraft Paper, alongside federal and provincial governments, as defendants. They argue that the governments also breached treaty rights by failing to regulate the mill effectively or consult with the community regarding remediation efforts.

The defendants have yet to respond to these new allegations. Meanwhile, both communities face an uphill battle as they seek accountability for the environmental disaster that has disrupted their way of life. The urgent legal proceedings highlight the ongoing struggle of Indigenous communities to protect their rights and the environment against industrial negligence.

As this situation unfolds, communities and environmental advocates are closely monitoring the legal ramifications and the potential impacts on the local ecosystem. The developments in these lawsuits could set significant precedents for environmental accountability in Canada.

Stay tuned for further updates on this critical issue as the court proceedings progress.