QUESTION PERIOD — Crown-Indigenous Relations
Toxic Waste
May 18, 2023
Leader, for nearly three years now, I have been asking you questions about the landfill and illegal dumping on Oka territory, in Kanesatake.
Yesterday, after three years, you surprised me with your answer. You said, and I quote:
As this is partially private land, the government’s legal means for intervening are limited.
Your minister said basically the same thing in today’s edition of La Presse, namely, that it is private property.
However, I have before me an email dated May 21, 2020, from the office of Quebec’s Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks, addressed to the Mayor of Oka, reporting on the situation at the Kanesatake site, which reads as follows:
Dear Mr. Quevillon:
On May 11, 2020, Indigenous Services Canada confirmed to our ministry that G&R Recycling is located on lands that are federally owned.
The email goes on to confirm that Quebec will not be responsible for the environmental liabilities related to this site.
Leader, why did your minister repeat to La Presse that the land is on private property? Why did you tell us that the dump was on private property, but you told the Quebec Minister of the Environment that it is on federally owned land and that he would not have to suffer the potential environmental problems?
Thank you for the question. Minister Miller went on the radio at about 8:15 this morning to further explain the issues and the complexity of this situation.
In terms of this unacceptable and intolerable situation, the federal government’s means for intervening are not unlimited — quite the contrary. The Province of Quebec has a great deal of responsibility here, particularly regarding law and order. It is a well-known fact that there are governance issues within the community in question, as residents are all too aware.
In addition, all levels of government are working together to find a solution, including the Government of Quebec, the Government of Canada and the Kanesatake band council. This is an intolerable situation, of course, but the solutions are not obvious and an effort is being made. Unfortunately, this is a tragedy for the residents; the solutions are not obvious in the short term.
Leader, you know that you have the authority to intervene. You have the authority to make orders. You know that this matter falls under federal jurisdiction, from both an environmental and an Indigenous Affairs perspective.
For example, how is it that, in just a few hours, on June 22, 2016, you were able to make an order to suspend activities on private property to protect a frog habitat, but when it comes time to make an order to stop illegal dumping in the drinking water supply for over 500,000 people, you can’t do anything at all?
Thank you for the question and for the passionate way in which you asked it.
It’s because I drink that water, my family drinks that water, and my neighbours drink that water.
Senator Gold has the floor.
With respect, I understand that this is a serious issue.
I appreciate your passion, because this is an important issue. Unfortunately, the facts are the facts. The government’s means of intervening are limited. They are not unlimited, even when it comes to the environment. It is a shared jurisdiction. The fact that there is an Indigenous community involved does not in any way diminish the responsibility of the Sûreté du Québec and the Province of Quebec to maintain law and order and to enforce the law, in a general sense, in communities like Kanesatake.
This does not give the federal government unlimited authority to intervene. Furthermore, this is to say nothing of the dangers to public safety in the event of any heavy-handed intervention that is not well planned with the appropriate authorities, including the community’s band council.
