Split requested in dumping case 

A Quebec Superior Court judge who extended a safeguard order last week will soon consider whether to untangle the defendants in the government’s civil action to halt dumping on the shores of the Lake of Two Mountains.

Currently all the defendants are lumped together in the action, even as some of the individuals and companies are accused of differing violations. Further, while jurisdiction has been invoked as a key consideration in the case, the two companies named are not based on the territory.

The request to split the file is scheduled to be heard Monday, but it was discussed at a management hearing last week. Defence lawyer François Gottlieb, representing Joshua Smith-Gabriel, filed the request, which is supported by lawyers representing Jennifer Lessard Cross and Excavations Denis Dagenais. The motion is opposed by the Attorney General of Quebec.

It is unclear how the case could be divided, but Gottlieb argued a split could avoid unnecessary costs, even if no monetary damages are being sought. He suggested defendants may need to involve different kinds of experts depending on their circumstances, noting some defendants allegedly deposited contaminated soils while others are accused of illicitly filling in land with nontoxic materials, he said.

The province is alleging that Smith-Gabriel took part in deforestation on the shores of his lots, but he is not accused of depositing contaminated soil there.

Gottlieb also suggested Quebec environmental law may not apply on the territory, a question that has been raised by multiple defendants.

At the management hearing last week, judge Danielle Turcotte issued an extension of the safeguard order preventing further unsanctioned work from being carried out on the lots on the shores of the Lake of Two Mountains that are cited in the legal action.

It now expires May 22, the day after another management conference will be held to determine next steps and once again extend the safeguard order if the court deems it necessary.

In the meantime, the order notes, the Mohawk Council of Kanesatake (MCK) is to report if there are any changes to the lots or the persons responsible for them.

The original safeguard order was granted in October, at which time 19 defendants were named.

In December, Barry Bonspille was added as a defendant by the Attorney General of Quebec, bringing the total to 20. It is alleged that he is responsible for backfilling the lot where the Golden Star cannabis dispensary is located; the lot was subsequently found by investigators to be contaminated.

Bonspille is not an assignee on the lot, the filing notes. However, the land is one-third registered to his late mother, Myrtle Bonspille nee Jacobs.

In an interview with an investigator in October, Bonspille said the land where Golden Star is located belongs to him and that he had about 60 truckloads come, plus six filled with sand and two filled with recycled asphault. He paid for the first few loads and got the rest for free, he claimed.

Around seven or eight companies came in all, he said. They were called in by his contractor, he claimed. He also told the investigator that he gave the manifests to Kanesatake’s environment department and was told the loads were clean. He said he was shocked to learn about the contamination.

In October, Bonspille’s brother, MCK grand chief Victor Bonspille, spoke in court to contest the injunction without disclosing his connection to the lot.

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Marcus Bankuti, Local Journalism Initiative Reporter