The giant Chalk River radioactive waste megadump, known as the NSDF, was approved by the Canadian Nuclear Safety Commission on January 8, 2024 after a protracted and badly flawed environmental assessment. For background on problems with the NSDF see this post. Two months after the CNSC approval of the license, a permit was issued by the Minister of Environment and Climate Change Canada to allow destruction of endangered species and their habitats and residences in construction of the NSDF.
Two legal challenges to the CNSC decision to license the NSDF were initiated in February 2024. A challenge to the species at risk permit was initiated in March 2024.
Legal Challenge 1 ~ Kebaowek FN vs Canadian Nuclear Laboratories
Kebaowek First Nation applied for a judicial review of the CNSC decision to license the NSDF on grounds that the Canadian Nuclear Safety Commission’s failed to secure Algonquin First Nations’ free, prior and informed consent for disposal of hazardous waste in their territory as mandated by the United Nations Declaration on the Rights of Indigenous Peoples Act. The case was heard by Justice Julie Blackhawk in a two-day hearing July 10 and 11 in Ottawa. The lead lawyer for Kebaowek, Robert Janes KC, was brilliant in arguing the case. He has represented First Nations many times in the Supreme Court. Justice Blackhawk’s decision is pending and may take several more months. Donations to the GoFundMe campaign to help cover Kebaowek FN’s legal costs are greatly appreciated. The campaign page is here.
Legal Challenge 2 ~ Concerned Citizens et al vs Canadian Nuclear Laboratories
Concerned Citizens of Renfrew County and Area, Ralliement contre la pollution radioactive, and the Canadian Coalition for Nuclear Responsibility applied for a judicial review of the CNSC decision to license the NSDF. The three groups are challenging the decision on a number of grounds including excessive radiation doses, failure to adequately describe or control what would be put in the dump and failure to consider cumulative effects . (More details about the grounds and a link to the factum here.)
The case was heard in federal court by Justice Whyte Nowak in Ottawa on November 19 and 20, 2024. The judge is expected to render her decision sometime in the next several months.
Legal Challenge 3 ~ Kebaowek First Nation et al vs Canadian Nuclear Laboratories
This challenge is an application for review of the decision by the Minister of Environment and Climate Change Canada to issue a permit to destroy several species at risk and their habitats and residences during construction of the NSDF. Kebaowek First Nation is joined in this application by Concerned Citizens of Renfrew County and Area, the Canadian Coalition for Nuclear Responsibility and Sierra Club Canada Foundation. The applicants argue that the NSDF proponent did not examine all possible options, and did not choose the one least likely to affect species at risk, as required by the Species at Risk Act and therefore should not have been granted a permit. They present evidence that the proponent in fact chose an option that it knew to be richer in biodiversity and potentially more damaging to species at risk because it would reduce its costs for transporting waste.
The hearing is scheduled for February 5th and 6th, 2025. The factum was filed on September 27, and is appended to the end of this post. Members of the public can attend the hearing in person, or register to watch it on Zoom. To register for the Zoom go to:https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearing-lists and scroll down the page to the beige Advanced Search bar. Just below that bar on the right hand side is a search box. Type “Kebaowek” in the search box. Then click on the green pencil in the square box icon, to register to watch on Zoom.
See also: Permit to allow destruction of endangered species on site of giant Ottawa River radioactive waste dump challenged in Federal Court 27,Mar 2024
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Photo below of Algonquin First Nations members and allies protesting the NSDF on Parliament HIll in February 2024. (photo, North Renfrew Times)

