Lawsuit Launched on Behalf of Aamjiwnaang First Nation

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November 1, 2010

The Government's "ongoing approval of pollution" violates the "basic human rights"
of First Nations community members . . .

One of the plaintiffs Ron Plain a member of Aamjiwnaang First Nation stated, "I had to uproot and move my family from our home in Aamjiwnaang two years ago as I couldn’t risk my children’s health any longer . . .Pollution has cost us dearly and we feel our community has been treated as a sacrifice zone for industrial development."

Turtle Island Native Network notes the many years of punishment to their health at the hands of pollution in the Sarnia, Ontario area has led to this court action by First Nations citizens . . . Ecojustice which has launched the lawsuit on behalf of them explains, "Aamjiwnaang community members, continue to be exposed to a range of harmful pollutants, including cancer-causing benzene, as well as sulphur dioxide, particulate matter and oxides of nitrogen — chemicals known to cause respiratory and cardiovascular health effects."


(Ada Lockridge testing local air quality)
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FOR IMMEDIATE RELEASE

Chemical Valley faces Canada’s Charter

Sarnia pollution violates health and basic human rights of residents.

Nov 01, 2010

TORONTO – Ecojustice is representing two members of Aamjiwnaang First Nation who allege that the cumulative effects of government-approved pollution in Sarnia’s Chemical Valley is threatening their health and amounts to a violation of their constitutionally-protected human rights.

The Application for Judicial Review, filed on behalf of Aamjiwnaang First Nation members Ada Lockridge and Ron Plain, alleges the Ontario Ministry of the Environment’s (MOE) ongoing approval of pollution in Sarnia violates their basic human rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms – including the right to life, liberty and security of the person, and the right to equality.

“This case is about the connection between pollution, health and human rights," said Ecojustice lawyer Justin Duncan. "The Charter exists to protect the rights of all Canadians, but right now those human rights are being denied to Ron, Ada and other Aamjiwnaang families."

The application challenges the MOE’s recent approval of increased pollution from refinery operations in Sarnia. The MOE completely failed to consider and minimize the cumulative effects of pollution resulting from the intensive industry next door to Aamjiwnaang First Nation.

“We’ve been working tirelessly for 8 years now to curb the pollution raining down on our community, but government has been moving at a snail’s pace,” said Ada Lockridge. “We hope our legal case will finally change the situation here.”

Pollution releases in chemical valley include cancer-causing benzene, as well as sulphur dioxide, particulate matter and oxides of nitrogen — chemicals known to cause respiratory and cardiovascular health effects.

“I had to uproot and move my family from our home in Aamjiwnaang two years ago as I couldn’t risk my children’s health any longer,” said Ron Plain. “Pollution has cost us dearly and we feel our community has been treated as a sacrifice zone for industrial development.”

“Every time the government approves new pollution, the risks to Ron and Ada’s health goes up,” said Elaine MacDonald, Ecojustice senior scientist. “The cumulative impact on people in Aamjiwnaang needs to be addressed. Right now it’s like death by a thousand cuts. ”

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Contacts:

Justin Duncan, staff lawyer | Ecojustice office: 416-368-7533 x22, cell: 647-654-2156
Elaine MacDonald, senior scientist | Ecojustice office: 416-368-7533 x27, cell: 416-564-4400
Ada Lockridge, member | Aamjiwaang First Nation 416-368-7533 x25
Ron Plain, member | Aamjiwaang First Nation 519-333-8614
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Also of interest on this topic
Background study on the Chemical Valley and First Nations . . .
http://www.ecojustice.ca/publications/reports/report-exposing-canadas-chemical-valley

http://www.ecojustice.ca/publications/reports/report-exposing-canadas-chemical-valley/attachment

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Chemical Valley charter challenge

Ecojustice is working to ensure that the human rights of people living in one of Canada’s most polluted communities — Sarnia’s Chemical Valley – are recognized and protected.

We’re representing Ada Lockridge and Ron Plain, two members of Aamjiwnaang First Nation, as they take on Ontario’s Ministry of Environment (MOE) over the cumulative impacts of pollution from local refinery and chemical facilities.

(Ada Lockridge testing local air quality in Sarnia.)

Our Application for Judicial Review alleges that the MOE’s ongoing approval of pollution in Sarnia violates Ada and Ron’s basic human rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms – their rights to life, liberty and security of the person, and the right to equality.

Ron Plain has already moved his family off of the reserve out of concern for their health while Ada Lockridge, and 700 other Aamjiwnaang community members, continue to be exposed to a range of harmful pollutants, including cancer-causing benzene, as well as sulphur dioxide, particulate matter and oxides of nitrogen — chemicals known to cause respiratory and cardiovascular health effects.

Ecojustice previously detailed Sarnia’s pollution problem in our 2007 report Exposing Canada’s Chemical Valley. That publication revealed that 40 per cent of Canada’s petro chemical industry operates within a few kilometres of Aamjiwnaang and detailed the cumulative pollution these facilities release into the local environment.

The level of pollution faced by residents of Aamjiwnaang is like few other places in the country. But a win in our case would be a first step towards dealing with the pollution problem and defending the human rights of Aamjiwnaang citizens, and hopefully, all Canadians.

VIDEO: http://vimeo.com/28558848

Ecojustice filed 2,124 pages of evidence with the Ontario Divisional Court on Friday, April 29, 2011.

The evidence included a total of affidavits from 13 witnesses. Three of those affidavits were from community members, including our clients Ada Lockridge and Ron Plain, members of Aamjiwnaang First Nation and elder, Wilson Plain Sr. Members from the Aamjiwnaang community also contributed letters supporting the lawsuit, which were filed with the Court.

Other evidence included reports from seven expert witnesses detailing the risks to people living on the Aamjiwnaang reserve resulting from pollution, the psychological effects of living in a place like Chemical Valley, what pollution will result from the government's approval of pollution and the nature of the substances emitted from Suncor.

The next steps:

Filing of evidence by the Ontario government and Suncor by Dec. 15, 2011.
Filing of reply evidence by Ecojustice by Jan. 31, 2012.
Cross-examination on all affidavits between Feb. 1, 2012, and April 30, 2012.
Answers to any undertakings made during cross examinations to be finished by May 30, 2012.
Ecojustice will file its statement of facts on July 12, 2012.
Government and Suncor will file their statements of facts on Aug. 24, 2012.
The hearing of the case is expected to happen in late 2012.