Question Period Note: G&R Recycling – an environmental issue
About
- Reference number:
- ISC-2023-QP-83434238
- Date received:
- Jun 21, 2023
- Organization:
- Indigenous Services Canada
- Name of Minister:
- Hajdu, Patty (Hon.)
- Title of Minister:
- Minister of Indigenous Services
Suggested Response:
The health and safety of residents is a priority for ISC.
• ISC is working with the Mohawk Council of Kanesatake
to find ways to mitigate potential environmental impacts
of issues with the site (such as toxic water leaks and
fumes) and eventually rehabilitate the site.
• Responsibility for remediating the site rests with G&R
Recycling, the company that caused the current site
condition.
Background:
The environmental problems related to the operation of G&R Recycling G.P., which operates a
sorting center for construction and demolition materials on the Kanesatake territory, have been
known for several years by Indigenous Services Canada, Environment and Climate Change
Canada and the Ministère de l'Environnement et de la Lutte contre les changements climatiques
du Québec. An authorization to operate was granted to G&R Recycling by the Province of
Quebec in June 2015 but it was revoked on October 1, 2020.
The site has been the subject of two orders from the Ministère de l'Environnement et de la Lutte
contre les changements climatiques, de la Faune et des Parcs and a Directive under the
Fisheries Act. The latter requires owners to install a surface water management system on the
site, including ditches and retention basins, as well as a water treatment system. Environment
and Climate Change Canada is responsible for monitoring this directive.
The lots on which G&R Recycling has been authorized to operate by the Mohawk Council of
Kanesatake are lands reserved for the use and benefit of Indians under subsection 91(24) of the
Constitution Act, 1867 by virtue of the Kanesatake Interim Land Base Governance Act. The use
of these lands is therefore the responsibility of the Mohawks of Kanesatake and the
responsibility for their restoration rests with the ones who caused the damage, in this case G&R
Recycling.
There are no legal instruments that would allow ISC to enforce compliance with environmental
laws and regulations. Moreover, the individual possession rights on the land limit the
Department's ability to invest in decontamination.
ISC is working closely with Environment and Climate Change Canada and the ministère de
l’Environnement et de la Lutte contre les changements climatiques de la Faune et des Parcs in
its discussions with the Band Council to find permanent solutions to this issue. Meetings have
been held between Minister Hajdu's office and Grand Chief Bonspille to discuss the future of the
site and possible federal government funding. Pending clear direction from the stakeholders
involved, ISC has prepared various options for implementing solutions and is prepared to work
with stakeholders to mitigate short-term issues and characterize the site.
The Quebec media is following this issue and describing the situation as an "ecological
disaster", an "open-air dump". Increasingly, media mention concerns related to organized crime,
lack of policing, environmental racism and community governance issues, which are being
added to the specific issues of managing the company's site.
ISC is aware that there are other contaminated sites in the community. The Department is
monitoring the situation closely to ensure the safety of community members.
the Sûreté du Québec's Economic Crime Investigation Division is conducting an investigation on
the Mohawk Band Council and the Kanesatake Health Centre, following allegations of
misappropriation of funds intended for the fight against the COVID-19 pandemic by the
Government of Canada.
Additional Information:
G&R Recycling – an environmental issue
• The health and safety of residents is a priority for ISC.
• ISC is working with the Mohawk Council of Kanesatake
to find ways to mitigate potential environmental impacts
of issues with the site (such as toxic water leaks and
fumes) and eventually rehabilitate the site.
• Responsibility for remediating the site rests with G&R
Recycling, the company that caused the current site
condition.
If pressed on ISC’s Role
• ISC is working closely with Environment and Climate
Change Canada, the Government of Quebec and the
Grand Chief and Council to find a permanent solution.
• Since federal environmental laws are under
Environment and Climate Change Canada and Fisheries
and Oceans' mandate, ISC plays a facilitating and
coordinating role with all partners, including the
community and the Government of Quebec.
• Further meetings are planned between ISC
representatives and the elected band council to
elaborate a long-term plan.
If pressed on other contaminated sites
• ISC is aware that there are other contaminated sites in
the community.
• The Department is monitoring the situation closely to
ensure the safety of community members.
If pressed on the investigation in the community
• ISC has been made aware that the Sûreté du Québec is
conducting investigations in the Mohawk community of
Kanesatake.
• Allegations of the misuse of funds intended for
communities is deeply concerning and we take these
matters seriously.
• The investigation by the Sûreté du Québec is still
underway and ISC will not comment on the ongoing
investigation.