Kahnawake withdraws Chateauguay lawsuit
File photo
Following reimbursements from Canada and Quebec last year for costs incurred in the cleanup of a 2024 fuel spill believed to have originated in Chateauguay, the Mohawk Council of Kahnawake (MCK) has officially withdrawn a lawsuit against the city.
Following investigation by the Kahnawake Environment Protection Office (KEPO), the diesel that was found in a ditch and creek near a Zachary Road residence was attributed by the MCK to a leaking oil tanker just 250 metres from Kahnawake. That spill, at 2325 Ford Boulevard in Chateauguay, was discovered by the city on February 1, 2024, but Kahnawake was not informed.
It wasn’t until after February 9 of that year, when fuel was identified by community members in Kahnawake, that MCK learned of the incident in Chateauguay, resulting in anger in the community that Kahnawake was left in the dark.
While this brings the saga to a close from a community legal perspective, MCK grand chief Cody Diabo said Kahnawake has learned from the situation.
“We know how to address it more efficiently, I’ll say, or quicker, but it still brings that global aspect of all that’s happening with the industrial sectors around us,” said Diabo, who pointed to new concerns relating to Terrapure in Ste. Catherine, which has been accused by Environment Canada of allegedly dumping toxic water into the St. Lawrence Seaway in violation of the Fisheries Act.
“It brings up the bigger question in terms of the industrial activities surrounding us,” said Diabo, who characterized the issue as a political priority.
According to the MCK, $478,000 in compensation for the cleanup has been provided by Canada, with Quebec paying $100,000 in partial compensation, for a total of $600,000.
The lawsuit against Chateauguay, launched in 2024, had been seeking $500,000 in reimbursement.
That’s not to say the cleanup was free for Kahnawake - costs like employee labour hours were not compensated, according to Diabo.
Despite the provincial payment, which was granted by the Secretariat for Relations with First Nations and the Inuit, a Quebec environment ministry spokesperson told The Eastern Door that the province continues to disagree with the finding that the fuel found in the Kahnawake creek originated from the February 1 fuel tanker spill in Chateauguay.
“The department maintains its initial analysis of the situation,” said ministry spokesperson Ghizlane Behdaoui. “The two sources of contamination are distinct: one at 2325 Ford Boulevard in Chateauguay and the other at the residence located on Zachary Road in Kahnawake territory.”
Meanwhile, Diabo said things are going well in Kahnawake following the spill, with KEPO monitoring the creek. “From KEPO’s assessment, there’s already been rejuvenation of the area,” Diabo said, adding that diesel breaks down relatively quickly.
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He also said it had been difficult to pursue the company responsible for the February 1, 2024, Chateauguay spill, La Pétrolière N&R Sol Inc., which, along with the property owner was added to the lawsuit against the city. This difficulty arose from the fact the company’s owner, Michel Boisvert, had died.
The city of Chateauguay and Environment Canada did not provide comment by deadline.
Marcus Bankuti, Local Journalism Initiative Reporter
