TASHI FARMILO – LOCAL JOURNALISM INITIATIVE
CHALK RIVER – In a landmark legal challenge, the Kebaowek First Nation, Concerned Citizens of Renfrew County and Area, the Canadian Coalition for Nuclear Responsibility, and the Sierra Club Canada Foundation have united to contest the Canadian government’s decision to issue a Species-at-Risk permit for the construction of a massive radioactive waste disposal facility near the Ottawa River in Chalk River.
The Near Surface Disposal Facility (NSDF), a project by Canadian Nuclear Laboratories (CNL), is set to accommodate one million tons of low-level radioactive waste in an engineered containment mound. Environmentalists and Indigenous groups have raised alarms over the potential ecological impact, highlighting the site’s rich biodiversity and the threat posed to endangered bats, songbirds, and Blanding’s turtles.
The Species-at-Risk permit, issued in March by the Minister of Environment and Climate Change Canada, allows for the destruction of endangered species habitats on the proposed site of the NSDF stating: “associated construction activities may result in the harm, harassment or killing of individuals of the of Blanding’s Turtle and the damage or destruction of Little Brown Myotis and Northern Myotis residences.”
In January, the Kebaowek First Nation had sent a request to Environment Minister Steven Guilbeault asking him to refuse CNL’s application for the Species-at-Risk permit. Chief Lance Haymond responded to the decision to issue the permit saying: “The Algonquin people have inherent rights to protect all life in the Ottawa River watershed, our unceded ancestral territory, as part of our Algonquin stewardship tradition. It’s wrong to wantonly destroy animals and their habitats for the pursuit of profit, and we won’t stand idly and allow this to happen.”
The legal challenge questions the adequacy of the site selection process, arguing CNL, owned by a consortium including SNC-Lavalin and two US-based engineering firms, chose the location for convenience rather than environmental safety.
Nicholas Pope, representing the applicants, is concerned about the decision’s long-term implications. “This is an example of decisions made for short-term gain that will hurt us all in the long term. Hopefully, as a society, we’ve learned from many past failures that it’s never worth it, both economically or societally, to make the cheapest decision. The destruction of habitat for endangered species without proper consideration of alternatives is a glaring oversight in this process.”
The case also highlights the potential inadequacy of proposed mitigation measures for endangered species, with critics arguing alternatives like bat boxes and wildlife corridors may not effectively protect at-risk populations.
Dr. Ole Hendrickson from the Sierra Club Canada Foundation stated the Minister has failed to uphold his duty to protect endangered species by issuing the permit. “A key condition of granting a permit is that the proponent has looked at alternative sites and chose the one with the least impact on endangered species. That clearly didn’t happen. Given that Chalk River Laboratories is a federally owned property, the Minister should set a good example and do his utmost to protect endangered species there,” he added.
The Canadian Nuclear Safety Commission (CNSC) issued a statement in response to the concerns: “CNSC is responsible for ensuring the safety of Canadians and the environment by regulating Canada’s nuclear industry. The Commission’s Record of Decision for the NSDF, issued January 8, 2024, includes considerations related to forestry management, the terrestrial environment, and animal species. Additionally, the decision discusses alternative means of carrying out the project and alternate site selection for the NSDF. As this matter is now before the Federal Court, we’re not able to comment further but welcome any direction the Court may have.”