The federal government responded today to a brewing controversy over an unauthorized landfill on Cowichan Tribes’ Indian Road reserve, acknowledging “longstanding gaps in environmental protection” on First Nations' lands.

“We recognize that First Nations operating under the Indian Act have limited regulatory tools to address pollution on reserve lands,” Carolane Gratton, spokesperson for Indigenous Services Canada, said in a written statement to sixmountains.ca.

“This means they do not benefit from the same level of environmental protection as people living off reserve and that is a gap we are working to address together.”

In February 2025 a Joint First Nations-Federal Table was established to address the problem, Gratton said.

“These discussions will focus on improving waste management and preventing unauthorized dumping. The Joint Table’s work is in its early stages, and will require further engagement with rights holders, but marks an important step in exploring solutions to improve environmental protections.”

Gratton emphasized that the federal government has “not issued any instrument, at any time, that would authorize waste disposal activities” on the Indian Road reserve in North Cowichan.

The government says it issued cease-and-desist orders to both Cowichan Tribes and the traditional landholder in 2013 and to the traditional landholder only in 2019. "We have also communicated extensively with the traditional landholder to explain that waste disposal was not authorized on the site.”

Gratton said that after "exploring various enforcement options…the most effective course of action” is to support the BC government in its investigation and enforcement activities.

sixmountains.ca first reported on October 27 that a member of Cowichan Tribes had received a pollution prevention order citing large-scale unauthorized dumping of waste material on the reserve.

The Ministry of Environment order pertains to three lots just above the Cowichan River near Allenby Road Bridge where dumped waste is “likely to release substances that will cause pollution.”

The unauthorized waste — construction and demolition debris, residential waste, derelict RV trailers, plastics, metals, and other “unmanaged materials” — violates the Environmental Management Act, says the order dated October 2.

James Anthony Peter is ordered to immediately stop dumping waste at the site. He is also required to hire a professional to develop a site pollution prevention and remediation plan that identifies options, including “full removal or engineered closure” of the site.

The Crown entered a stay of proceedings last July 10 against Peter on two counts under the Environmental Management Act related to pollution and waste violations from 2019 to 2023.

On Monday, Cowichan Tribes broke two weeks of silence by issuing a news release on the landfill issue.

“Pollution and contamination of reserve land is a generational, systemic, and national problem,” the release said.

“The tools to combat the pollution of reserve lands are primarily under federal jurisdiction, including the Indian Act and the Indian Reserve Waste Disposal Regulations. However, the Government of Canada is reluctant to prosecute polluters.

“For many years, Cowichan Tribes has been deeply concerned regarding illegal dumping of garbage, construction and industrial waste, and potentially contaminated materials on our reserve lands and the environmental impacts of these activities.

“Since 2010, the Indian Road site in question has been subject to ongoing efforts by Cowichan Tribes to have the unlicensed timber and gravel removal and unauthorized dumping stopped and offenders held responsible.”

However, there have been "significant limitations to the actions Cowichan Tribes has been able to take without the support and enforcement" of senior levels of government, the release said.

"The authority for enforcement and remediation of these parcels of land where the dumping has occurred has always been under Canada and the Indian Act.”

The release added: “Cowichan Tribes is pleased to see the site finally get the attention it deserves. It is our hope that the Federal government will now fulfill its long overdue responsibility to take action to address the site.”

Read the full news release: https://cowichantribes.com/tribes-governance/press-releases

Earlier articles by sixmountains.ca:

— Canadian government issued two cease-and-desist orders related to unauthorized landfill: https://www.sixmountains.ca/article/e28a3d8c-201c-416c-bf15-ca130a9c7916

— ‘Unauthorized landfill’ on Cowichan Tribes reserve thought to be two decades in the making: https://www.sixmountains.ca/article/a35e0303-83a9-4242-b398-2b460610ef7d

— Dump truck driver says ‘everything and anything’ went into waste site on Cowichan Tribes reserve: https://www.sixmountains.ca/article/e93bd147-4598-4838-ae9b-3b0166dd4c7e

— Pollution prevention order targets ‘unauthorized’ waste dump site on Cowichan Tribes reserve: https://www.sixmountains.ca/article/fdaaf885-11e9-432e-9041-aa3c4f965a5e

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— Larry Pynn, Nov. 13, 2025