Contamination Facts
In 1970, federal government agents reported to the commercial fishermen and tourist lodge owners on the English-Wabigoon River systems that the rivers were contaminated with mercury. The fish in the rivers were testing high for methylmercury, a highly toxic form of mercury. The fish were unsafe to eat for both humans and animals.
Later, it was learned that the source of contamination was Dryden Chemicals Limited, located at the Dryden Paper Company Limited in Dryden, Ontario. This plant had dropped over 20,000 lbs. of untreated mercury wastewater into the Wabigoon River between 1962 and 1970. The rivers and lakes downstream were contaminated for at least 250 kilometers.
This contamination forced one tourist lodge to close down. Commercial fishers lost their source of livelihood. This closure caused unemployment to people living at Grassy Narrows First Nation and Wabaseemoong Independent Nations reserves. Workers who depended on these activities to make their living had to turn to welfare. It was a severe hardship to these communities.
It should be noted that this was not the first disaster they experienced. In the 1950s, Ontario Hydro had flooded lands occupied by these people to build generating stations. Those displaced were relocated to various communities. On-reserve schools were built. Families that had normally traveled together on the trap lines became separated, for at least one parent had to stay behind with the children.
Aware of the possibility of getting compensation for loss of livelihood, the two First Nations immediately began to look into ways of getting financial assistance for its members. It took 16 years to achieve their goal.
In 1985, Wabaseemoong Independent Nations and Grassy Narrows First Nation made a settlement with the Federal Government, the province of Ontario, and two paper companies, for all claims due to mercury contamination in the English-Wabigoon River systems. On July 28, 1986, it was proclaimed law. The Act is formally called the “Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act, Bill C-110”.
This law set up the Mercury Disability Fund. Members of these First Nations who display symptoms consistent with mercury poisoning could apply for funds to live on.
Mercury Disability Board
A Historical Report: 1986-2001
The full report consists of three volumes. It was written by a university student, Sylvia Cosway, who was working on her Ph.D. at the University of Manitoba. The entire study covers over 400 pages in a language more suited to readers with special training in medicine and chemistry. This booklet is written in a simpler style. It avoids many highly technical terms as well most of the details useful primarily to professionals.
What is Mercury?
Mercury is a heavy metal that occurs in liquid form at room temperature. Aristotle, a Greek scholar, named it quicksilver over 2000 years ago because at room temperature it is a silver-coloured liquid. Early physicians used it for medicinal purposes to treat diseases such as syphilis, and problems affecting the intestines, as well as other conditions.
Mercury poisoning was written about as early as the 15th century. Until the mid-1800s, poisoning resulted mostly from inhaling mercury vapours. In the 1840s, other man-made chemicals were known to cause poisoning.
Some workers were especially vulnerable to this poison, or toxin. Mercury was used by mirror makers. Chemists who came into contact with it in their labs were affected. Hatters, workers who were involved in the production of felt hats in the mid-19th century, were exposed to mercury nitrate. It was used to treat fur skins, such as beaver and rabbit, to make felt hats, thus perhaps the saying, “mad as a hatter”. The children’s book, Alice in Wonderland, is said by some to refer to these victims of mercury poisoning.
Methylmercury – A Dangerous Chemical
Mercury is an element. An element is a substance that cannot be broken down chemically into a simpler form, for example, hydrogen, or oxygen. These elements can be changed by a scientist, who has special knowledge, to form water. They can also be changed by a totally natural process. Water is a compound. It is a substance formed when more than one element is changed chemically, as happens when hydrogen, an element, is combined with another element, oxygen, to form water, a compound. In the case of methylmercury, mercury joins with carbon and hydrogen to form methylmercury.
This transformation, or change, happens by a process called methylation. Bacteria in river sediment cause mercury deposited in wastewater from chemical plants, such as the Dryden Mill, to change into this poisonous compound. Live creatures, such as fish and shellfish, eat it. Humans and animals in turn eat them. If the poisons are of a sufficiently high concentration, they can be harmful to both.
Animals and humans, who had eaten a lot of fish over a long period of time, were seriously affected. The Dryden Mill dumped a lot of chemical waste, or effluent, into the rivers. The poison that resulted was very harmful to the food in the food chain eaten by residents of the English – Wabigoon River systems.
Major Methylmercury Outbreaks
Methylmercury is a substance made from mercury when it is combined with other chemicals, such as chlorine. Fish ate polluted foods poisoned by these substances. Grain treated with chemicals to control diseases affecting its kernels also poisoned people who ate them.
Some of the countries hit by this disease include Japan, 1953-65, Iraq, 1971-72, Pakistan, 1969, and Ghana, 1969. The most notable outbreaks occurred in Japan and Iraq.
The first recorded large-scale outbreak happened in Japan. The first four cases of the then mysterious disease were presented at the Minamata Health Centre in 1956. Mercury was involved in the process used by the industrial plants. They allowed the release of mercury-contaminated wastewater into Minimata Bay. Fish and shellfish were poisoned. Humans who ate them were consequently subject to this disease, now known as the Minimata disease. As of 1995, 2,200 people have been officially recognized as having this disease and over 10,000 displayed its symptoms. These were the first recorded cases of mercury poisoning contracted through the aquatic, or water food chain.
The world’s use of mercury has increased dramatically since World War II. It is used in many industries: agriculture, electrical, paint, leather tanning as well as paper production, to name just a few. Dentists used it for tooth fillings. Thermometers were made, using this compound.
In 1969 and 1970, scientists discovered that various kinds of fish from many lakes and rivers in Ontario, Quebec, Saskatchewan and Manitoba tested positive for unsafe levels of methylmercury. Lakes in Ontario mentioned regularly at this time included Lake St. Clair, Lake Erie, Clay Lake, as well as others. Over 200 lakes, scientists reported, were being monitored by Ontario government agencies.
People working and living on the English-Wabigoon River systems, studies showed, were being affected in ways similar to that of people in other parts of the world. The Royal Commission on the Northern Environment, 1977-78, established by the Ontario government, drew attention to the plight of those living on the two reserves under study. This was only one of the reasons that favourable legislation was finally passed in 1986.
Mercury Status in Fish
The study reports on mercury levels and other contaminants in fish at various selected sites in the province, including those affecting the two First Nations in question. The levels are still above the Health Canada guidelines of 0.5 parts per million for safe consumption, e.g. northern pike. Others, such as whitefish, are safe for the human diet. Health Canada suggests that populations that consume fish on a regular basis should consider the safer guideline of 0.2 parts per million. It is important that people should refer to the Ontario guidelines for the consumption of mercury-contaminated freshwater fish.
Unfortunately, science cannot yet say how long the poisonous mercury will last in affected waters, but it could be several decades. Almost forty years have gone by since mercury poisoning was first discovered in the area studied in the Cosway Report. This toxin remains a serious health threat.
Conclusions
Little new information on a definition of methylmercury poisoning contamination has shown up in studies on the subject.
Of concern is that the Mercury Disability Board does not have access to data gathered by Health Canada on levels of methylmercury in hair and blood samples of inhabitants tested in both communities. The data is not shared.
It is well established in various studies that child development problems occur in many children in both communities. This is evident in learning and behavioural problems. Studies should be conducted to determine the reality and extent of these problems.
There are other issues with regard to the study of data contained in clinical assessment forms. Important information on various aspects of the after-effects of contamination could become evident.
Mercury Poisoning Diagnosis & Treatment
Diagnosis
There are scientific tests used to find out if people show signs of some form of mercury poisoning.
The scientific method for finding out about human exposure to natural (mercury) and synthetic (man-made) chemicals is based on sampling and analysis of a person’s tissues and fluids. Substances studied include blood, urine, breast milk, and expelled air, as well as hair, fat, and bone.
The kidneys generally contain the highest amounts of methylmercury in humans. High levels may lead to kidney damage and failure. Testing urine levels is important in finding out about negative effects on our nervous system; persons affected may show signs of irritation, shaking (tremor), kidney damage, and other symptoms known by scientists to be consistent with mercury poisoning. Exposure to methylmercury is often measured and monitored by testing blood samples. Scientists have found a close link between eating unsafe amounts of contaminated fish and mercury levels in the blood.
The relationship between methylmercury exposure, health effects and hair has been well established. Methylmercury poisoning occurs mostly in food. This compound is absorbed by a person’s blood. Eventually, it becomes a part of a person’s hair and is a good indicator of the consumption of this contaminated food. It is said to be particularly useful in gauging the consumption of contaminated fish by pregnant mothers.
Diagnostic Criteria
In 1976, 1977 and 1979 a panel of experts conducted medical studies at Grassy Narrows First Nation and Wabaseemoong Independent Nation. As a result, these medical experts developed a grading system used even now as grading guidelines to determine whether or not, and to what degree, claimants would qualify for compensation. According to this grading system, or protocol, a 0 score indicates no evidence of mercury intoxication, 3 indicates certain organic mercury intoxication.
Persons of all ages were examined. In 1976, for example, 47.7% were neurologically abnormal, that is there was some brain or nervous system damage. The maximum score was not assigned to any participant in the study in either community. Once various abnormalities were determined, it was found that 16 residents of the Wabaseemoong Independent Nation and 12 residents of the Grassy Narrows First Nation were “assessed as having neurological abnormalities compatible with mercury intoxication.”
As a result of these studies, an adult neuro assessment protocol was established. This ‘guideline’ pointed to 7 different categories of symptoms. For example, tremor, or shaking was one, incoordination was another. A four-level scale was used: none, mild, moderate and severe, to determine how serious the condition was. Number values were also added to help with the grading system; 0-mild to 8, severe.
A separate protocol was established for children. Initially, there were only 2 categories, cerebral palsy and mental retardation. Later they were revised into seven categories. Mild, moderate and severe were adopted as guidelines of severity. The number system for grading adult cases was also adopted. IQ, or intelligence tests, were used in the diagnosis. There was a concern, however, that some of the children would have difficulty understanding the words used in the tests.
Current adult guidelines are the ones recommended for use in 1985.
Treatment for Mercury Poisoning
One method of treatment for mercury poisoning is chelation.
Chelate is a chemical that attracts metal to it instead of being attracted to human tissue, such as the brain and nervous tissue.
Eventually, this mixture of chelate and mercury is sent out of the body as waste, for example, urine. However, some scientists are saying that there is not enough proof that this therapy is truly useful in the reversing of mercury toxins. More research is needed.
Mercury Programs
The term, Mercury Program, is at times used incorrectly.
Some use it to describe the program run by the two First Nations through the Mercury Disability Board. In fact, the Mercury Program was set up in Ottawa in 1975 by the Medical Services Branch of Health Canada. It was designed to monitor levels of methylmercury exposure in targeted First Nations and Inuit communities. The process involves the collection of hair and blood samples from residents of these communities at regularly scheduled times. A person hired by this program coordinates the collection of samples.
The samples are analyzed and stored in Ottawa. It is to be noted that the results are not shared with the Mercury Disability Board. That is, hair and blood sample data, gathered in Wabeseemoong Independent Nations and Grassy Narrows First Nation by the Mercury Program, are not considered in Mercury Disability Board decisions regarding disability claims of residents of these two First Nations.
The Mercury Disability Board is specific only to the Grassy Narrows First Nation and Wabaseemoong Independent Nations.
At the date of publication of Ms. Cosway’s report, this federal program has done 72,556 tests on 40,634 people in the 529 communities involved. The 1978 report shows that 2.54% of the population was at risk. The second group of results showed a large decrease to 0.4% at risk. The third report in 1999 shows a continuing decrease in contamination. It is not clear whether there are fewer contaminated fish, or whether people are eating fewer fish.
History of Mercury Reports in Canada
In 1969 and 1970, it was discovered that various kinds of fish from many rivers and lakes in Ontario tested positive for unsafe levels of methylmercury. Levels in Clay Lake, Umfreville Lake, Lake St. Clair and Lake Erie were over what was considered safe, that is, above 5 parts per million (0.5ppm). In April 1971, the Ontario Minister of Lands and Forests declared that over 200 provincial lakes were being continuously tested. Similar monitoring was happening in Manitoba, Saskatchewan and Quebec.
Members of both governments, in Ontario and in Ottawa, debated this problem at length from 1970 to 1985.
These debates are contained in what is known as the Hansard Reports. There was a lot of disagreement amongst the various political parties at both levels. Overall, there was a debate on all the data related to the bodies of polluted water in Ontario, including the English-Wabigoon Rivers.
To complicate matters, there were other organizations, besides the two governments, and the two bands involved in this legal dispute, or litigation. Five different parties played a separate roles in resolving the matter of compensation caused by mercury poisoning.
The Cosway Report devotes many pages to the various steps involved in arriving at the final agreements in July 1986. This section in the Report, pages 33 to 56, makes interesting reading to those with a particular interest in our system of resolving complicated matters at the parliamentary level. For the needs of this booklet, a short summary is given.
The debate in the Ontario legislature was at times very lively. The same was true of Parliament in Ottawa. Many sides of the question of compensation to fishers and other people were debated at length. The first specific mention of mercury contamination of rivers in northwestern Ontario occurred on June 17th, 1970. It took over 16 years to reach an agreement among the five parties involved.
In November of 1973, the federal Member of Parliament for Kenora-Rainy River explained the socio-economic impact on the residents of the two First Nations involved. He appealed for a generous aid package to help the plaintiffs.
At various times, some members of parliament or other raised the issue of compensation; however, in June 1984 there was still no compensation.
In 1977, the two First Nations started legal actions against Reed Limited, Dryden Chemicals Limited and Dryden Paper Company Limited in the Supreme Court of Ontario.
The next year, The Royal Commission on the Northern Environment was established by the Ontario government. Its goal was to assess the effects major industries had on the northern environment and to make recommendations on alternative uses for resources in the north. It met with 14 communities, including Grassy Narrows First Nation and Wabaseemoong Independent Nations. Justice Hartt, the chairman, described their situation as intolerable and specifically named these two communities in one of the recommendations. It requested the appointment of a fact-finder to recommend appropriate methods to ensure the setting up of a solid economic base for both communities.
Because the regular political process was so slow, he said that a system of negotiation should be tried. In response to this recommendation, representatives of the Government of Canada, the Province of Ontario and the two communities signed a Memorandum of Understanding on Dec. 15, 1978. All parties agreed to appoint a mediator to resolve the issues in dispute. Eight more years went by before all parties concerned signed the final agreement.
The agreements were ratified, or approved, by a very large majority of the First Nations members over 18 years of age.
The 5 parties agreed to financial compensation to them in the following amounts:
Government of Canada – $2.75 million
Province of Ontario – $2.17 million
Great Lakes Forest Products – $6 million
Reed Limited – $5.75 million
Total: $16.67 million
In 1997, the Province of Ontario contributed $6,000,000 to the Fund. Per legislation, in reality, the Province of Ontario is responsible to ensure that the Fund does not go below $100,000. In 2006, a new formula for replenishing the Mercury Disability Fund was announced by the Province of Ontario. Additional funds will be added to the Mercury Disability Fund annually based on calculations used to determine the disbursement for the upcoming year.
The agreement outlined by the Memorandum of Understanding of 1985 set up the Mercury Disability Fund. Its purpose was to provide First Nations members with an avenue to apply for individual compensation should they have, or would develop in the future, symptoms or diseases consistent with mercury poisoning. The agreement specifically states that each of the First Nations was to receive $1,000,000 plus interest gained for purposes of compensation to those affected by mercury poisoning.
The Mercury Disability Board was set up to administer the Fund, including the final ruling on applications for compensation.
The board consists of one chairperson, one member from each of the two First Nations, two physicians and two other persons appointed by the Search Committee, a part of whose duty it is to select Board members.
An administrator was appointed by the Attorney General of Ontario and approved by the Mercury Disability Board to administer the funds as set out by law. The administrator is the Great-West Life Assurance Company of Winnipeg. Awards vary from $250.00 to $800.00 per month. The Board has the authority to make a recommendation regarding an application and to review the determination of the administrator. The ruling of the Board is final.
A brochure, with the title, ’Mercury Disability Claims: How the Process Works’, explains the application process in detail. Copies are available at the First Nations Council Offices, the Health Centers in both communities as well as from the Mercury Disability Board office in Kenora.