June 14, 2023

Two Algonquin First Nations, Kebaowek First Nation (KFN) and Kitigan Zibi Anishinabeg (KZA), are opposed to the giant nuclear waste dump (NSDF) and have not given their consent.  Their joint final submission says:

• the duty to consult has not been fulfilled;
• there is insufficient information to assess the NSDF’s environmental effects or, in the alternative, the NSDF is likely to cause significant adverse environmental effects and the question of whether the adverse environmental effects are justified in the circumstance must be referred to the Lieutenant [an error] Governor in Council as required under the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”); 
• there is insufficient information to determine that CNL will “make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed”, as required under the Nuclear Safety and Control Act (“NSCA”); and
• approving this project would violate the United Nations Declaration on Rights of Indigenous People (“UNDRIP”), which is a universal human rights instrument with application in Canadian law.

The Algonquins of Pikwakanagan First Nation (AOPFN) have given their consent to construction of the “NSDF” radioactive waste dump at the Chalk River Laboratories on the Ottawa River. Pikwakanagan is situated on the shores of Golden Lake and the Bonnechere River in Renfrew County, Ontario.

The final paragraph of a June 9th announcement on the Canadian Nuclear Laboratories website (https://www.cnl.ca/algonquins-of-pikwakanagan-first-nation-aecl-and-cnl-sign-historic-long-term-relationship-agreement/) reads as follows:

“Since 2020, AECL and CNL have participated in extensive engagements with the AOPFN. As a direct result of this process, CNL has made improvements to the project to address concerns raised through these engagements. With those changes in place and other AOPFN conditions and commitments met by CNL, the organizations have reached agreement on the NSDF project, and the AOPFN will provide its consent to CNL and the Canadian Nuclear Safety Commission (CNSC) to move forward with the construction of the proposed facility. “[emphasis added]

The CNL announcement says “The agreement “resolves and addresses key areas of concern identified by the AOPFN, including environmental protection, radioactive waste management, cultural protection and promotion, and, the pursuit of collaborative economic and business opportunities.”  It quotes Pikwakanagan Chief Greg Sarazin as saying “this agreement is the best path forward as we seek to protect mother earth and ensure the safety of future generations.”

To date, there has been very little media coverage of this development. We learned about it today from an article, “CNL signs safety and oversight agreement with Algonquins of Pikwakanagan First Nation,” on the website of a local radio station, dated June 12th.  

In public hearings in June 2022, five Algonquin First Nations, including KFN, KZA and AOPFN told the Canadian Nuclear Safety Commission that they did not consent to the licensing of the NSDF and hadn’t been adequately consulted.

KFN and KZA will speak at a final (virtual only) CNSC hearing on the NSDF Project.  The hearing was recently rescheduled from June 27 to August 10.  It is unclear if AOPFN will also speak at the hearing.