I attended the rally in front of the Supreme Court in support of the Kebaowek’s request for a judicial review of the Canadian Nuclear Safety Commission’s (CNSC) decision to allow the construction of Chalk River’s Near Surface Disposal Facility (NSDF) and subsequently listened on Zoom to the final arguments from lawyers on both sides.
The judge seemed very astute in her questioning, concluding that because such a ruling would impact not only First Nations relations, but also many others living in the area, she would need to carefully examine all aspects before making a decision about bringing the issue to the Supreme Court.
As I listened, I was surprised to hear the CNSC lawyer comparing the risk assessment for fire at a dock to be built in Vancouver for the Trans-mountain pipeline to that of the environmental impact of a nuclear waste dump. In fact, in his final argument, the Kebaowek’s lawyer underlined the absurdity that the CNSC was hoping to mitigate all environmental effects with a safety plan!
I felt hopeful that something unexpected might result from this proceeding, despite the general sense of powerlessness engendered by the lack of concern for
public input during consultations. My hope was beginning to brighten after reading the explanation of the purpose of the Supreme Court on the billboard in front of the
premises. This was reflected in the testimony of a First Nations attendee who stood in full, colourful regalia in front of the building. Her story was of rebuilding her own life based on studying her rights under the law as a woman, a member of First Nations and the rights of all including those with disabilities.
I’m hoping for a historic, precedent-setting decision regarding the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in relations with the Crown, but also for a review of government standards on nuclear waste storage. It could begin with aligning our standards with international ones and asking for an ARTEMIS review (Integrated Review Service for Radioactive Waste and Spent Fuel Management, Decommissioning and Remediation) of any nuclear waste dump project.
As we work together to defend our rights in this country, we may all need to examine the laws that protect us as individuals.
Cathy Fox,
PORTAGE-DU-FORT
