Charges in Lake of Two Mountains dumping

Charges have been laid against some of the individuals accused of illegal dumping and other unsanctioned work on the shores of the Lake of Two Mountains, The Eastern Door has learned.

A total of 13 individuals and companies, mostly Kanehsata’kehró:non, will appear in court this morning, (Friday, October 17), after each received a summons citing charges under the federal Fisheries Act, which aims to protect fish habitats. According to a spokesperson for the Quebec prosecutor’s office (DPCP), the charges are penal rather than criminal in nature.

Previously, defendants who were cited in a Quebec environment ministry investigation were facing only civil action as Quebec continues to pursue a permanent injunction. That application was launched after ministry inspectors and wildlife protection officers swooped onto the shoreline in summer 2024 for a soil testing operation after months, if not years, of governmental inaction on the file.

Some of the defendants from the civil case, although not all of them, are among those charged with offenses.

The individuals who received a summons and are being charged under the Fisheries Act are Jacques Normand Theoret, Robert Gabriel, Jennifer Katsitsenientha Lessard, Jean-François Henley, Martin Gilbert Larente, Dany Duchaine, Aaron Craig Waiakeron Cree, Steve Joseph Cataford, Barry David Bonspille, Gilbert Asselin, and Timothy George Henry Etienne.

Two numbered companies based in Mirabel were also charged under the Fisheries Act: 9426-1252 Quebec Inc., also known as Excavation X, owned by Dany Duchaine; and 9327-5824 Quebec Inc., owned by Jean-François Henley and Roseline Sicotte. That company is also known as Les Entreprises Translogik.

Defendants are charged under articles 35 and 40 of the Fisheries Act, with their summons also referring to article 72, which relates to the seizure of proceeds.

Summary convictions are sought, according to the DPCP, meaning individuals face a fine between $5,000 and $300,000 for a first offence, while corporations could face much larger fines, possibly into millions of dollars. Only individuals who have committed a second offence under the same provisions of the Fisheries Act could face imprisonment on a summary conviction, which would not exceed six months.

Court documents in the civil case revealed that contaminated soil was discovered on many of the lots that had received landfill in a wave of dumping that saw hundreds of trucks a day at times stream into Kanesatake.

A safeguard order to prevent further dumping and unsanctioned work was most recently renewed until March 16, 2026, and the Quebec environment ministry is currently monitoring compliance, according to spokesperson Frederic Fournier.

Meanwhile, the laying of charges represents a significant escalation in the government’s effort to address the dumping that plagued Kanesatake, even as some have argued the intervention is an incursion on the community’s sovereignty that has resulted in well-intentioned community members getting lumped in with the worst offenders.

“It’s unfortunate they got swept up, but I don’t think they’re going to be held to the same thing as the people actually dumping, the people that actually had a decision on bringing contamination into Kanesatake and dumping on the land on the river,” said incumbent Mohawk Council of Kanesatake (MCK) chief Brant Etienne, who was vocal on this issue during the Council term.

“I’m glad finally that it’s moving forward and that Environment is taking it seriously,” he said.  “It kind of felt like it was going to stay in limbo for a while. We’ll see where it goes from there. I thought maybe it was something due to the situation here, but it’s good that it’s moving forward finally.”

In addition   the charges under the federal Fisheries Act, 10 individuals and companies, many of them the same parties, have received statements of offence under the province’s Environmental Quality Act, but no court date has been set for these offences at this time.

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Marcus Bankuti, Local Journalism Initiative Reporter