A/HRC/45/12/Add.1 chronic exposure to unquestionably poisonous substances. Sarnia, one of the most polluted places in Canada, has been dubbed “chemical valley”. 40. Various interlocutors acknowledged that existing regulations do not protect the health of the Aamjiwnaang. Improvements can be made in terms of investigating the health impacts, conducting proper monitoring and enforcing existing standards. Risk assessments do not fully take into account the cumulative health impacts. The environmental injustice to which the Aamjiwnaang are subjected is an ongoing tragedy, the legacy of land use planning that would not be allowed today. Encouragingly, the community and companies have increased cooperation and engagement in recent years, including through financing for the communities to hire their own environmental scientists to facilitate meaningful participation. 41. Despite suffering from greater exposure to hazardous substances, indigenous peoples face considerable challenges in accessing quality health care in comparison to nonindigenous peoples in Canada.51 Sixty-two percent of Grassy Narrows First Nation members, those living on the reserve, report experiencing barriers to health care compared to those living off reserve (38 per cent).52 Only through robust campaigns have strides been made to establish a primary health-care facility. 53 It is harder to access adequate health care on reserves than in other parts of Canada. Challenges include remoteness, physical inaccessibility of health centres and perceived racial discrimination when accessing healthcare facilities. This different reality experienced by indigenous peoples reflects the systematic lack of consideration given to their particular challenges in environmental health policies. Policies should pursue funding for all public services on reserves, including for health care, water, food, housing, sanitation and waste management, and not stand in for piecemeal steps that do not decisively and comprehensively address the rights of indigenous peoples. 42. Measures to address the cumulative impact of exposure to toxic chemicals must be informed by an understanding of the deep connection that indigenous peoples have with their land and water. Indigenous peoples’ reliance on natural resources for food, medicine, culture, identity, knowledge and the economy must be considered in any assessment of risks and impacts. For example, the aerial spraying of pesticides such as glyphosate on indigenous territories and lands poses serious, multidimensional threats to indigenous peoples’ lives, health and environment.54 43. The Special Rapporteur was informed that efforts were being taken through remediation, planning for the closure of projects and impact assessments, but there appears to be room for improvement. For example, while illegal dumping off reserve (i.e., on provincial lands) is subject to fines of hundreds of thousands of dollars under provincial laws, the maximum fine for illegal dumping on reserves is Can$100.55 44. The Aamjiwnaang First Nation raising concern about the shrinking of their ancestral grounds due to the encroachment of petrochemical processing plants and indigenous communities agitating for free, prior and informed consent regarding the Trans Mountain Pipeline Expansion Project serve as just two examples of how existing and proposed megaprojects crisscross the lands of indigenous peoples.56 They do not, however, simply represent examples of straightforward opposition to economic development, as some critics have implied. Instead, they illustrate an underlying trend of duty bearers’ failure to resolve issues relating to indigenous rights and titles unless forced to do so through lengthy and costly litigation.57 51 52 53 54 55 56 57 Submission by the Government of Canada (2019). Submission by Asubpeeschoseewagong Netum Anishinabek (May 2018). www.ourcommons.ca/DocumentViewer/en/42-1/INAN/meeting-155/evidence. Submission by the Traditional Ecological Knowledge Elders (2019). https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._960/page-1.html#h-599822; www.woodwardandcompany.com/wp-content/uploads/pdfs/2016-09-20Contaminated_Sites_on_First_Nation_Lands-Final.pdf. Submission by the Union of British Columbia Indian Chiefs (2019). https://davidsuzuki.org/story/pipeline-actions-signal-need-for-true-reconciliation/. 9