Victory for Kebaowek First Nation against Nuclear Waste

On May 29, the Federal Court of Appeal upheld a decision in favour of the Kebaowek First Nation against the building of a nuclear waste disposal facility near Chalk River, ON.

The upheld ruling said that Environment and Climate Change Canada (ECCC) made an error in granting the permit for the facility to Canadian Nuclear Laboratories (CNL).

Under the Species at Risk Act, the Ministry was obligated to prove that the site was the best of a number of alternatives, due to the presence of endangered species in the area such as the Blanding's turtle and two species of bats.

Court of Appeal Justice Monica Biringer wrote in the decision that the Ministry "failed to meet the applicable standards of transparency, intelligibility and justification."

Kebaowek First Nation Chief Lance Haymond welcomed the decision, saying that it "reinforces what we have been saying from the beginning: decisions that threaten endangered species, sensitive ecosystems, and our sacred river must be based on a transparent, rigorous, and lawful process.” 

Ole Hendrickson from the Concerned Citizens of Renfrew County and Area (CCRCA) that has also mobilized against the project said "We hope that they'll find a better solution. And that means a location not a kilometre from the river where there's a huge number of species at risk."

The river in question is the Kichi Sibi, also known as the Ottawa River. It is a major tributary of the St. Lawrence River. The nuclear waste would not only affect the local area, but potentially cause downstream harm in Ottawa, Montreal, Quebec City and the Gulf of St. Lawrence.

The decision is a significant setback for the project, but does not stop it outright. If ECCC were able to explain why the site was the best out of "all reasonable alternatives" to reduce the impact on these species it could meet the legal standard.

It is unclear whether ECCC will appeal or attempt to provide this explanation. One thing is clear: the resistance of the Kebaowek people, the CCRCA and supporters to this project has been key.

This will be key to more battles coming ahead, including an appeal of another ruling last February that the Canadian Nuclear Safety Commission breached their constitutional obligations to uphold the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

We must also be vigilant against attempts by Canada to use new laws such as Bill C-5 to fast track these proposals.

For more info, visit:

https://www.stopnuclearwaste.com/

https://concernedcitizens.net/