The Anishinaabe community of Kebaowek appeared in court Wednesday and Thursday to denounce “superficial” consultations in the context of the construction of the Chalk River nuclear waste site in Ontario. The environmental risks are “speculative,” replied the developer behind the project, Canadian Nuclear Laboratories (CNL).
In Federal Court in Ottawa, lawyers for the western Quebec aboriginal community tried to overturn a decision by the Canadian Nuclear Safety Commission (CNSC) that grants CNL the right to build a nuclear waste management site near its Chalk River power plant in Ontario. Kebaowek is concerned that the facility — which is to be located about a kilometre from the Ottawa River — poses risks to the health of waterways and the protection of local flora and fauna.
Addressing Justice Julie L. Blackhawk, the plaintiff’s legal representatives argued that the CNSC failed to follow the principles of the United Nations Declaration on the Rights of Indigenous Peoples throughout its decision-making process. The document, which Canada signed in 2016, states that “States shall consult and cooperate with the Indigenous peoples concerned.” […] with a view to obtaining their free and informed consent prior to the approval of any project affecting their lands or territories and other resources”.
In 2021, the federal government passed a law that mandates that it will take “all necessary measures to ensure that federal laws are consistent” with the Declaration.
But as an administrative tribunal and agent of the Crown, the CNSC has failed to do its utmost to meet these obligations, argued lawyer Robert Janes, who represents Kebaowek, on Wednesday. “What happened here — and I don’t mean to be disrespectful — was a cursory consultation, where basic questions were asked: ‘Were your views heard? Were they considered?'” he told Justice Blackhawk.
“These are not questions […] which allow for the free, prior and informed consent of the community,” he continued, describing the CNSC’s decision, made earlier this year, as “unreasonable.”
Kebaowek “regularly” contacted
In their turn, LNC representatives assured the trial court that the parties concerned had indeed been consulted. Citing a document, lawyer Arend JA Hoekstra noted that “since 2016, the CNSC team [avait] regularly contacted Kebaowek to provide information, understand its concerns and develop a consultation process in relation to the Chalk River project.”
“There are at least 60 different incidences. We’re talking about emails, phone calls and in-person meetings,” he added, while maintaining that there had been “efforts” on the part of the Commission to consult the community.
LNC estimates that its waste management site will accommodate the nuclear liabilities generated by the Chalk River plant for “more than 550 years.” Another aspect not to be forgotten, according to Hoekstra, who pointed out that it would take “50,000 truck trips” to move the “hundreds of thousands of tons of radioactive waste” currently housed on the site.
The community’s concerns, he added, are based on “speculation.” “CNL is Canada’s premier nuclear research facility,” he said. “The site is secure and monitored.”
In addition to Kebaowek, about 100 municipalities along and downstream of the Ottawa River — including Montreal and Gatineau — are publicly challenging the CNSC’s decision, fearing impacts on the waterway, which flows into the St. Lawrence River. The Quebec government has yet to confirm whether or not it will side with them.