A/HRC/45/12/Add.3
Para 38, 2nd sentence, comments:
The study referenced in the cited document in the footnote was published in 2011 by Harada
et al., and focused on a sample group consisting of 160 adults aged 20 years or older (73 from
Grassy Narrows and 87 from Wabaseemoong). The Ministry of Indigenous Affairs of Ontario
recommends clarifying the statistic.
Para 38, 2nd sentence, recommended language:
“Over 58% of the community members examined by specialist doctors in a 2011 study have
or are suspected to have Minamata disease, a serious neurological disease resulting from
mercury exposure.”
Para 44, last sentence, comments:
Ontario’s Environmental Protection Act has fines up to $6 million for a first offence of a
serious nature under s. 187(3), and $10 million for subsequent offences.
Para 79, footnote 126, comments:
Ministry of Indigenous Affairs of Ontario notes that not all of the articles listed in this
footnote reference FPIC and that there are other articles in UNDRIP that do.
Para 87, 1st sentence, comments:
Ministry of Indigenous Affairs of Ontario notes that Ontario enacted legislation in 1986 that
established the Mercury Disability Board and Fund, out of which payments are made to
members of Grassy Narrows and Wabaseemoong First Nations who demonstrate symptoms
reasonably consistent with mercury poisoning. In 2018, Ontario indexed these benefits to
inflation on an ongoing and retroactive basis.
Comments from the province of Quebec
Para 10, 3rd sentence, comments:
This statement seems incorrect; there are nuances to be made in terms of government
responsibilities for drinking water in Indigenous communities. Unless better documented,
this example should not be included in the report.
Para 21, 2nd sentence, comments:
To be nuanced; this data does not take into account the seriousness of the accidents that have
occurred.
Para 43, last sentence, comments:
In Quebec, in accordance with the commitments made by the Quebec government in its 1994
“Forest Protection Strategy”, chemical insecticides and phytocides, including glyphosate, for
management purposes are excluded from interventions in public forests (which represent
92% of the area of Quebec).
Para 43, last sentence, recommended language:
“For example, in some jurisdictions, the multidimensional impact of aerial spraying of
pesticides such as glyphosate on indigenous territories and lands poses serious threats to their
life, health and environment”.
Para 79, comments:
Nuance to bring. Canada is effectively fulfilling its obligation to seek the consent of
Indigenous communities when it comes to allocating lands that are for their exclusive use.
With respect to other lands, Canada fulfills its obligation to consult and, where appropriate,
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