[IPSM] Mohawk residents file $74M lawsuit against band council, owner of operation

[stef at tao.ca]

Mohawk residents file $74M lawsuit against band council, owner of operation
Posted By By Jeremy Ashley
BELLEVILLE INTELL
December 16th, 2008

http://www.intelligencer.ca/ArticleDisplay.aspx?e=1348951

TYENDINAGA TERRITORY — A group of residents, fed-up with what they
charge is an "illegal" quarry and asphalt plant here, have launched a
$74-million lawsuit against the Mohawk band council, varying levels of
government and the owner of the operation, The Intelligencer has
learned.

In a 40-page statement of claim filed in Belleville court last week, a
group claiming to represent the majority of those living on the
Tyendinaga Mohawk Territory alleges both projects "are extremely
detrimental to the environment and to human life and habitat on the
Mohawk Territory. The environment and human life and habitat are being
irreparably harmed by these projects."

The lawsuit marks a new chapter in heated relations between some in
the community of 7,600 and the owner of both operations, local
resident Thomas Maracle.

None of the allegations contained in the statement of claim have been
proven in court, nor has there been a statement of defence filed by
any of the defendants named.

Within the claim, residents level accusations that Maracle and his two
firms — Loyalist Asphalt and Build All Construction — forged ahead
with establishing a new quarry pit off Clarence Road and an asphalt
plant on Old Highway 2. The statement claims Maracle did so without
concern for environmental conditions and without consulting the Mohawk
community.

Further, the lawsuit demands an immediate halt to any activity at both
locations and argues all levels of government, from the band council
up, should refrain from issuing any work permits until proper
environmental assessments are completed.

The residents "and many community members use the lands for
traditional harvesting activities, trapping, hunting and fishing as
did their ancestors before them," the claim states.

An environmental screening report prepared regarding the quarry on
behalf of Maracle by Quinte Eco-Consultants following public outcry
about the operation was found to be flawed in a number of ways after
it was reviewed by another firm, the claim alleges.

That original report "is "flawed, incomplete, misleading, factually
incorrect, remiss with errors and omissions and must not be relied
upon in any way to support the furtherance of the quarry project," the
claim demands.

Increased and unregulated activity at the asphalt plant, meanwhile,
have led "numerous people" to complain they were "experiencing severe
breathing difficulties, nose bleeds, nausea, burning eyes and throats
and other symptoms of exposure to severe ... pollution," the lawsuit
alleges.

The residents also claim the band council and most levels of
government — from the Attorney General to the Minister of Health —
failed in almost every way to protect the people and the lands of the
Tyendinaga Mohawk Territory and didn't consult with the community
about either project.

"As a result of the negligence of the defendants, serious and
irreparable damages have occurred to the impugned lands. Furthermore,
numerous community members have been directly exposed to significant
and potentially lethal harm."

One of the most vocal opponents to either project, resident George
Smart, said launching legal action "was done as the very last resort,
when all else failed."

Smart said residents attempted to reach a deal with Maracle, in
addition to calling on all levels of government for help.

"It all failed, right to the very last moment, we still pleaded for
remediation. Everything we brought to the table as a concern fell on
deaf ears, therefore, the people had no alternative to bring a class
action."

Mohawks of the Bay of Quinte Chief R. Donald Maracle said the lawsuit
was discussed earlier this week by band council, which moved to hire
legal counsel to defend the action.

"So at this point in time, I have no further comment to make," he said.

Build All and Loyalist Asphalt owner Thomas Maracle was not available
for comment Tuesday.

However in past statements to The Intelligencer, he has described such
actions as "witch hunt(s)" which are based on false accusations and
misinformation.

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Quarry on Mohawk territory sparks lawsuit
TheStar.com - Ontario
December 17, 2008
THE CANADIAN PRESS

http://www.thestar.com/News/Ontario/article/555241

BELLEVILLE–Some residents of the Tyendinaga Mohawk Territory in
eastern Ontario have filed suit over what they say is an illegal
quarry and an asphalt plant.

The $74 million lawsuit names the Mohawk band council, varying levels
of government and the owner of the operation.

A group claiming to represent most of the region's residents allege
the projects are causing "irreparable harm" to the environment and
people.

Both operations are owned by local resident Thomas Maracle, who says
band council is moving to hire legal counsel to defend the action.

Allegations in the statement of claim have not been proven in court,
nor has there been a statement of defence filed by any of the
defendants.

The claim alleges Maracle forged ahead with the new quarry pit without
concern for the environment and without consulting the Mohawk
community.

Further, the lawsuit demands an immediate halt to any activity at both
locations until proper environmental assessments are completed.

One of the most vocal opponents to either project, resident George
Smart, said launching legal action "was done as the very last resort."

Smart said residents attempted to reach a deal with Maracle, in
addition to calling on all levels of government for help.

"Everything we brought to the table as a concern fell on deaf ears,
therefore, the people had no alternative to bring a class action," he
said.