SOPHIE DEMERS
LOCAL JOURNALISM INITIATIVE
OTTAWA – Canadian Nuclear Laboratories (CNL) has filed an appeal to the Federal Court’s February 19 ruling by Justice Julie Blackhawk, which found CNL’s consultation with Kebaowek First Nation inadequate. The consultation concerned the proposed Near Surface Disposal Facility (NSDF) at Chalk River.
The court ordered CNL and the Canadian Nuclear Safety Commission (CNSC) to resume consultation with Kebaowek First Nation. The ruling emphasized that the process must align with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and uphold the standard of free, prior and informed consent (FPIC).
The new consultation was originally set to be completed by the end of September 2026. CNL is now seeking to overturn the ruling.
“This appeal is disappointing but not surprising,” said Kebaowek First Nation Chief Lance Haymond. “From the beginning, CNL has tried to push this project forward without properly consulting us. The court recognized that this approach was unacceptable. And still, CNL prefers to spend time in court rather than consult with us. We will continue to fight to ensure that our rights and the health of the Ottawa River are respected.”
This is not the first legal dispute between the two parties. Kebaowek First Nation previously challenged the NSDF species-at-risk permit and succeeded in having it overturned. According to Chief Haymond, the community has long opposed the project due to environmental risks.
When asked about the appeal, a CNL spokesperson said, “CNL remains fully committed to advancing reconciliation with Indigenous nations. For the NSDF, CNL’s engagement activities over the past eight years have grown to encompass all Indigenous communities and organizations that have expressed interest in the project. All these activities are being carried out in the spirit of collaboration and mutual respect, with a goal of ongoing participation and relationship building.”
CNL says the appeal was filed to clarify the “changing legal landscape.” The organization stated it is actively working toward resuming consultation with Kebaowek First Nation and that it remains confident in the science behind the NSDF project.
Chief Haymond noted that while other Indigenous groups may have been consulted, they are not rights holders. “The real rights holders are the Algonquin Anishinaabeg, who I represent. They are vehemently opposed to the project.”
“While CNL says all the right things, their actions do not reflect what they profess in the public domain,” Chief Haymond added. “CNL says they’re looking forward to engaging us, but they’ve cancelled our last three monthly meetings. Our relationship with CNL has been nothing but a challenge.”
According to Chief Haymond, CNL’s actions have only strengthened the First Nation’s resolve. “Now more than ever, we need public support to ensure that Indigenous voices are heard, and that the Ottawa River is protected. We encourage everyone to support Kebaowek First Nation’s RAVEN campaign (https://raventrust.com/campaigns/kebaowek) and contribute to this crucial fight.”
More information about CNL’s NSDF project is available at: www.cnl.ca.