It will be at least another year and a half or more before work can begin in earnest on the Near Surface Disposal Facility (NSDF) at the Chalk River labs.
In a Federal Court ruling last week, Justice Julie Blackhawk ordered Canadian Nuclear Laboratories and the Canadian Nuclear Safety Commission to resume consultations with the Kebaowek First Nation.
Justice Blackhawk ruled that the consultations must take place under the principles of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) and its standard of “free, prior and informed consent” (FPIC).
While noting that UNDRIP does not give First Nations a “veto power” over proposed projects, Blackhawk said that CNL and the CNSC must resume consultations “with a view to incorporate Kebaowek law, knowledge, and practices into their processes, and to work towards achieving an agreement.”
“I appreciate that for every day that passes while this process lingers on, that is one more day where LLW (low-level radioactive waste) is stored in a manner that does not comply with current industrial standards,” she said.
“(Therefore) I am directing that the renewed consultation process set a target completion date of September 30, 2026.”
Kebaowek Chief Lance Haymond welcomed the court ruling.
“This decision confirms what we have been saying all along – consultation must be more than a checkbox exercise,” he said in a statement.
“It must be real, meaningful, and grounded in the principles of free, prior, and informed consent”…
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