First Nation’s suit after toxic spill should be tossed: feds, province, paper mill

The federal and provincial governments and the company that owns the paper mill in The Pas say a lawsuit filed last year by a First Nation over a 2019 toxic fluid spill should be thrown out of court.

Opaskwayak Cree Nation filed a claim against Canadian Kraft Paper and the governments in the Court of King’s Bench last September, arguing it wasn’t warned about the hazardous spill until the company had pleaded guilty in provincial court to a charge under the federal Fisheries Act and was ordered to pay a million-dollar fine in December 2023.

The company admitted in court that for six days, beginning Feb. 27, 2019, the mill accidentally released 181 million litres of black liquor, which is lethal, from a leaky pipe into the Saskatchewan River. It was also ordered to conduct an independent environmental assessment.

In separate statements of defence filed earlier this month, the two governments and the paper company argued the court should dismiss the lawsuit.

The federal government said it fulfilled its duties by sending Environment and Climate Change Canada investigators to look into the spill before prosecuting the paper company in court.

It argues nothing the federal government did or did not do could be considered a breach of Opaskwayak’s treaty rights, as claimed.

The lawsuit argues the spill contaminated the river water and surrounding area, where OCN members have a treaty right to fish, hunt and gather for food and their livelihood.

The court papers say Opaskwayak members continued to harvest in the area for years after the spill, allegedly without knowledge of the extent of the potential health effects of the toxic byproduct.

The provincial government said it fulfilled its duty under environmental and water protection regulations, by licensing and monitoring the mill’s operations and reporting the spill to the federal government.

The government court papers say the paper company was legally obligated, under both federal and provincial laws, to notify members of the public who could be adversely affected by a spill that could endanger or damage fish populations.

The province argued that under the provincial Limitations Act, Opaskwayak’s legal claim was filed too late after the spill to proceed through court, except the parts that relate to First Nations treaty rights.

Canadian Kraft Paper also asserts Opaskwayak’s claim largely can’t proceed because of provincial limitations legislation.

The paper company denies causing any harm to the environment or that its actions or inaction have resulted in any adverse effects to people’s health.

Further, Canadian Kraft Paper denies that anything it did or didn’t do affected Opaskwayak’s rights.

The paper company argued it can’t be held liable for the treaty or Indigenous rights violations as the First Nation claimed.

“CKP responded to matters giving rise to the plaintiff’s… claim in accordance with industry standard, best practice and technology, and all applicable laws and regulations,” the company’s court papers say, denying allegations it was negligent.

Canadian Kraft Paper argues Opaskwayak has not put forward any facts regarding its alleged damages and losses.

The three defendants also filed cross claims against each other, seeking to have the other parties held financially responsible if they’re found liable for any damages.

erik.pindera@freepress.mb.ca