Casework: Grassy Narrows First Nation and Environmental Injustice

Asubpeeschoseewagong First Nation (Grassy Narrows)

For decades, Grassy Narrows First Nation has been living with a health and environmental crisis caused by industrial contamination. 

In the 1960s, a pulp and paper mill discharged large volumes of mercury into the English-Wabigoon river. That mercury is still moving through the ecosystem today – converting into methylmercury, a dangerous neurotoxin that builds up in fish, and when eaten, in people. Fish are central to Grassy Narrows’ Treaty rights, culture, and diet, so the harm has been deep and has passed from generation to generation.

The mercury contamination is not an isolated impact. Hydro-electric flooding, clear-cut logging, and mining have piled on, damaging the land, water, and community health over decades.

Now, gold mining-related activity upstream of the Grassy Narrows community is making things worse. Gold mining releases sulphate (and other contaminants) into local waterways, which facilitates the creation of more methylmercury.

Grassy Narrows FN, represented by CELA and Cavalluzzo LLP, is fighting back – challenging water-taking permits, wastewater discharges, and the province’s failure to act on known contamination. At the heart of the cases is a larger question: how environmental decisions are made in already burdened communities, and whether cumulative impacts and Indigenous rights are being meaningfully considered.

Photo credit: Toronto Star

Active Cases

Madsen Mine

Madsen Mine is an active gold mine upstream of Grassy Narrows FN in the Red Lake region. Given its location within the watershed, there are ongoing concerns about how its operations are affecting water quality, especially regarding sulphate discharge and its role in methylmercury formation. 

In 2025, CELA and Cavalluzzo LLP brought a judicial review challenging aspects of the mine approvals. The case has moved through the document stage, and both parties are ready to proceed, with a hearing date scheduled for May 2026.

Great Bear Mine

The Great Bear project is a proposed gold mine in the same region. It’s not yet operational, but is in the process of seeking key approvals, including provincial permits to take and discharge water for its advanced exploration program. These permits would allow large amounts of water to be withdrawn and released back into the environment, raising key concerns about impacts on water quality, fish, and Treaty rights. 

Grassy Narrows FN, represented by CELA and Cavalluzzo LLP, has been actively involved in responding to these proposals. In May 2026, we filed leave to appeal applications regarding recent  decisions to approve an Environmental Compliance Approval and a Permit to Take Water for the mine.

Mining Act Challenge

Grassy Narrows FN is also challenging Ontario’s ‘free entry’ system under the Mining Act. Right now, mining claims can be staked online without any prior notice, consultation, or consent of  affected First Nations communities. Under this system, approximately 10,000 mining claims have been registered in Grassy Narrows FN territory without notice, consultation or consent. The challenge argues that this system undermines Grassy Narrows’ rights by allowing claim registration and exploration activities to move forward without safeguarding constitutionally protected Treaty and Aboriginal rights. The case could have broader implications for how mining is regulated and how consultation is handled across the province. 

No date has been set for the hearing of this application, but a case conference judge has directed that it will be heard together with a similar application commenced by other Indigenous communities.

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