The proponent of the nuclear waste disposal facility planned for Chalk River, Ont. has challenged a federal court ruling that it had not conducted sufficient consultations with Kebaowek First Nation regarding its plans for the facility, a decision which could have delayed the project by a year and a half.
Last week, Canadian Nuclear Laboratories (CNL) appealed Federal Court Justice Julie Blackhawk’s February decision that found both CNL and Canada’s federal nuclear safety regulator had failed to align consultations with principles laid out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and ultimately ordered both parties to resume consultations with the First Nation.
The declaration is not currently legally binding in Canada, but in 2021 the federal government passed legislation announcing its intention to adopt it as law, and is slowly working towards doing so.
In the Canadian Nuclear Safety Commission’s Jan. 2024 decision to grant CNL a license to build the facility, it argued that because UNDRIP is not yet law, the commission was not in a position to determine how to implement it and must instead be guided by current consultation law, which does not mandate free, prior, and informed consent (FPIC).
In a statement to THE EQUITY, CNL said it is appealing the federal court’s decision for similar reasons.
Through the appeal, CNL seeks to obtain clarity and direction on how to navigate the changing legal landscape with respect to Indigenous rights and interests,” CNL said in a statement to THE EQUITY.
“Because there are few examples of the application of UNDRIP in Canada, and none in the nuclear sector, it is important that CNL obtain a clear understanding of what is required to continue to pursue our work and mission to responsibly address Canada’s nuclear liabilities.”
CNL’s statement indicated it still plans to resume “important conversations” with Kebaowek as the appeal process unfolds.
However, in a press release from the Kebaowek First Nation, Chief Lance Haymond said the appeal is disappointing but not surprising.
“From the beginning, CNL has tried to push this project forward without properly consulting us,” Haymond said. “The Court recognizes that this approach is unacceptable. And still CNL prefers to spend time in Court than consult with us. We will continue to fight to ensure that our rights and the health of the Ottawa River are respected.”
In its statement, Kebaowek First Nation urges allies, environmental organizations and the public to stand with them.
“By appealing this decision, CNL is not just challenging a legal ruling – it is challenging the very principles of reconciliation and Indigenous rights in Canada,” Haymond said.
