Nuclear dump
Kebaowek wins right to meaningful consultation
Cathy Fox
Local Journalism Initiative
Published February 26, 2025.
OTTAWA – A Federal Court ruling on February 19 found that the Canadian Nuclear Safety Commission (CNSC) failed to properly consult Indigenous communities before issuing a permit to construct a Near Surface Disposal Facility (NSDF) at Canadian Nuclear Laboratories’ (CNL) Chalk River property. The decision is the first of three judicial reviews related to the CNSC’s approval of the project.
The court determined that the CNSC did not uphold its duty to consult in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and failed to consider UNDRIP in its decision-making process. As a result, both the CNSC and CNL must revise their consultation and decision-making procedures to include Indigenous laws, knowledge, and processes. They are required to reach an agreement with Kebaowek First Nation by September 30, 2026. Once this process is completed, the CNSC must reassess whether its duty to consult and accommodate has been fulfilled, following the principles of Free, Prior, and Informed Consent (FPIC).
Kebaowek First Nation has been a leading voice in opposing the NSDF project, which
has faced widespread resistance from other Indigenous groups, environmental organizations, municipalities, and concerned citizens. Opponents argue that the
site’s location, just one kilometre from the Ottawa River, poses risks to water security, ecosystems, and public health.
The ruling reinforces that FPIC is now an immediate legal standard that must be respected. It is expected to impact other legal challenges filed by Indigenous communities concerning the NSDF and similar projects.
“This victory is not just for Kebaowek; it’s for all First Nations asserting their rights, for the millions of people who rely on the Ottawa River for drinking water, and for future generations who deserve a safe and healthy environment,” said Chief Lance Hammond of Kebaowek First Nation. The First Nation intends to request that the CNSC halt any further work on the project until the consultation process is completed.
In response to the court ruling, the CNSC issued a statement saying, “We will carefully review this decision and continue consultation with Kebaowek First Nation to fully implement UNDRIP, specifically the FPIC standard, in a robust manner. We remain committed to our responsibilities under UNDRIP and to continuous improvement.”
CNL also responded, stating, “CNL respects the decision rendered by the Court and is taking time to review and assess the decision and determine next steps. In the interim,
the historic low-level waste at Chalk River Laboratories remains in safe temporary storage, where it is routinely monitored. We will continue to minimize the environmental impacts
of Canada’s nuclear legacy liabilities. We firmly believe in the science behind our proposal, which is the culmination of almost a decade of study, federal and provincial review, and engagement with Indigenous communities, the public, and other stakeholders.”
The Federal Court’s decision marks a significant moment in the legal landscape concerning Indigenous consultation and environmental stewardship in Canada.
