Quebec court grants injunction to stop illegal dumping in Kanehsatà:ke

A Quebec court has issued a temporary injunction against several residents of the Mohawk community of Kanehsatà:ke to prohibit the illegal dumping of contaminated soil on waterfront properties.

Quebec Superior Court Justice Benoît Emery granted the 10-day injunction on Monday from a courtroom in Saint-Jérôme, Quebec, following a request from the provincial Environment Ministry. Government lawyers are scheduled to return to court on October 18 to request an extension of the order.

This ruling comes after the Quebec government conducted a soil-sampling operation in Kanehsatà:ke in late August, which allegedly uncovered contaminated soil dumped on various properties along the shores of Lake of Two Mountains. The investigation followed months of media attention and public pressure from community members, who have reported that illegal dumping has plagued Kanehsatà:ke for years.

The government’s injunction request names 17 defendants, primarily residents of Kanehsatà:ke, along with two excavation companies involved in work on the affected properties. The court documents allege that the defendants committed "numerous violations" of Quebec environmental regulations on 17 waterfront properties, including tree removal, backfilling, depositing contaminated soil, and constructing buildings along the lake's edge. Some soil samples reportedly contained hydrocarbons, posing a threat to fish habitats.

"The situation has become intolerable, and it's continuing," government lawyer Simon Larose stated in court.

In an affidavit, a government investigator noted that the ministry was informed last spring about more than 500 trucks traveling to Kanehsatà:ke daily to dump soil. However, the injunction does not target the construction companies that were frequently seen transporting soil from various sites around Montreal to the Mohawk territory.

A spokesperson for the Environment Ministry mentioned last month that the government is conducting a criminal investigation "targeting all actors involved in the issue, particularly the transporters and construction sites generating this soil." On Monday, the spokesperson confirmed that this investigation is still ongoing.

'Violation of the rights of the people'

Not all defendants were present in court on Monday, and among those who were, only a few had legal representation. Lawyers for Jennifer Lessard and Joshua Smith-Gabriel, both residents of Kanehsatà:ke, argued it was unjust to group all defendants together since not all have been accused of the same violations.

Lessard has been accused of backfilling the shoreline on her property, while Smith-Gabriel faces accusations of cutting down trees along the shore. The soil on their properties was not found to be contaminated.

Lessard's lawyer, Fadi Amine, explained that his client was trying to level her land so her children could build their homes there, assuring her that the soil would be clean. "[The government lawyers] make it seem that my client and all these individuals are part of some vast conspiracy to pollute," he said. "My client wants her family to live on the land that belongs to her. And she obviously wants that land to be clean."

Amine also noted that Lessard halted work on her property last June for reasons unrelated to the government investigation.

However, Larose stated that depositing soil along the shoreline constitutes pollution, even if the soil is not contaminated, as loose soil can erode into the water and damage the aquatic environment.

The defendants' lawyers challenged the provincial government's authority to investigate the matter, arguing that the Mohawk Council of Kanehsatà:ke is responsible for environmental protection in the territory. "The minister has usurped the authority of the council by undertaking these proceedings," claimed François Gottlieb, Smith-Gabriel's lawyer. "And I think that's in violation of the rights of the people, of the defendants in Kanehsatà:ke."

The government lawyers contended that the jurisdiction issue could be resolved later.

Sonya Gagnier, a counselor with a Quebec organization providing legal assistance to Indigenous people, informed the judge that many defendants have limited access to legal representation but are "in agreement with the jurisdiction and constitutional issues raised today." She mentioned that the defendants would represent themselves until they can secure proper legal representation.

Inspections conducted last month revealed that the defendants were using soil to backfill along the waterfront and, in some instances, constructing new buildings on the filled-in areas. The government’s affidavit identified two cannabis dispensaries that have been built along the filled shoreline.