Kebaowek First Nation wins again in Chalk River nuclear waste battle
Sophie Demers
Local Journalism Initiative
Published in the Pontiac Journal on March 26, 2025.
OTTAWA – The Federal Court has ruled in favour of Kebaowek First Nation’s judicial review challenging a species at risk permit issued to Canadian Nuclear Laboratories (CNL) for their Near Surface Disposal Facility (NSDF) at Chalk River. This is the second win for the Kebaowek in their fight against the nuclear dump, following a judgement in their favour in February where a federal judge ruled that the Canadian Nuclear Safety Commission (CNSC) and CNL had failed to properly consult the First Nation on the project, violating their rights under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The species at risk challenge was initiated by Kebaowek First Nation, along with Concerned Citizens of Renfrew County and Area, the Canadian Coalition for Nuclear Responsibility, and the Sierra Club Canada Foundation.
Justice Russel Zinn’s ruling determined that CNL did not adequately evaluate all
reasonable alternative locations for the NSDF, violating the Species at Risk Act.
The decision sends the permit application back to Environment Canada (ECCC)
for re-evaluation.
The Chalk River site is home to three endangered species—the Blanding’s turtle and two species of bats—according to concerns first raised by Kebaowek First Nation in 2016.
The species at risk permit would have allowed CNL to proceed with the NSDF despite
these risks.
“This ruling is a resounding affirmation of what we have been saying all along: CNL’s choice of site was flawed from the start,” said Chief Lance Haymond of Kebaowek First Nation. “The court recognized that alternative locations, including Whiteshell in Pinawa, MB, and the Nuclear Power Demonstration (NPD) near Rolphton, ON, posed fewer risks to endangered species, yet CNL dismissed these options without proper justification. This decision is a crucial step toward ensuring that environmental laws are upheld and that
our voices as stewards of the land are heard.”
Ole Hendrickson, representing Concerned Citizens of Renfrew County and Area, commented on the ruling: “This decision highlights the flawed site selection process and reinforces the need to prioritize environmental and Indigenous rights in decision-making.”
In response, CNL stated: “CNL respects the decision rendered by the court and is taking time to review and assess the decision to determine next steps. In the interim, the
historic low-level waste at Chalk River Laboratories remains in safe temporary storage, routinely monitored. We will continue efforts to minimize environmental impacts of Canada’s nuclear legacy liabilities. We firmly believe in the science behind our proposal, which is the result of almost a decade of study, federal and provincial review, and engagement with Indigenous communities, the public, and other interested parties.”
The NSDF project aims to create a facility for safely disposing low-level radioactive waste from nuclear research facilities, decommissioned reactor sites, uranium mines, and old radium watch factories.
Kebaowek First Nation intends to continue its opposition to the NSDF project, emphasizing the importance of following proper procedures, respecting Indigenous rights, and protecting the environment.
A decision is still pending on a third legal challenge opposing the NSDF licensing
due to environmental concerns.
