A date has been set for the first of two appeals over the Near Surface Disposal Facility at Chalk River.
The Federal Court of Appeal has ordered that a hearing on the case will be held on Wednesday, October 8 at the Thomas D’Arcy McGee Building on Sparks Street in Ottawa.
The hearing will begin at 9:30 am and will be limited to one day.
The appeal dates back to a decision released in February by Federal Court Justice Julie Blackhawk, who ordered Canadian Nuclear Laboratories and the Canadian Nuclear Safety Commission to resume consultations on the NSDF with the Kebaowek First Nation.
Justice Blackhawk ruled that the consultations must take place under the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its standard of “free, prior and informed consent” (FPIC).
The Algonquins of Pikwakanagan First Nation (AOPFN), the Mining Association of Canada (MAC), the Canadian Nuclear Association (CNA), and the Saugeen Ojibway Nation (SON) have all been allowed to join the appeal as interveners.
CNL announced in March that it had filed with the Federal Court of Appeal to overturn Justice Blackhawk’s decision.
Through the appeal, CNL said, it “seeks to obtain clarity and direction on to how to navigate the changing legal landscape with respect to Indigenous rights and interests.”
“Because there are few examples of the application of UNDRIP in Canada, and none in the nuclear sector, it is important that CNL obtain a clear understanding of what is required to continue to pursue our work and mission to responsibly address Canada’s nuclear liabilities”…
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