A hearing this Wednesday November 12 in the Federal Court of Appeal, before a panel of three judges, will be a test of Canada’s commitment to protect threatened and endangered species and may determine whether the giant Ottawa River nuclear waste dump can be built or not. You can watch the hearing on Zoom by registering at this link, and you are also invited to a rally, “Stand up for Wildlife,” from noon to 2 pm outside the courtroom on Sparks St. in Ottawa.

Background:

Earlier this year we celebrated the successful legal challenge to the granting of a Species-at-Risk permit to Canadian Nuclear Laboratories (CNL) for the construction of the nuclear waste dump known as the “NSDF.” The legal challenge was brought by Kebaowek First Nation, Concerned Citizens of Renfrew County and Area, the Canadian Coalition for Nuclear Responsibility, and Sierra Club Canada Foundation.

You may recall that CNL is owned by a multinational private-sector consortium that operates Canada’s federal nuclear labs under a $1.6 billion per year contract with the Government of Canada. CNL needed a Species-at-risk permit in order to construct its controversial, giant, above-ground nuclear waste dump beside the Ottawa River because the site they chose for the dump is on federal land smack dab in the middle of irreplaceable wildlife habitat that is home to many species at risk. A permit would allow CNL to destroy habitat and residences for threatened and endangered species in order to construct its giant dump.

In order to get a permit, a proponent must prove that it carefully considered all possible alternatives and chose the one with the least impact on endangered species. CNL did not do this. In fact, it is on record as saying it chose the location because it would reduce transportation costs. In his ruling issued on March 14, 2025, Justice Russel Zinn said the environment minister’s issuing of the species-at-risk permit was “unreasonable due to fatal flaws” in interpreting and applying the federal Species at Risk Act, adding that the issuing of the permit must be reconsidered. 

Unfortunately for threatened wildlife and for Canadian taxpayers, who foot the bill for everything the multinational consortium does under its contract with the government, the case was appealed by CNL. Hence, the evidence will be reviewed again on November 12, this time in the federal court of appeal, by a panel of three judges.

The legal case here is fairly cut and dried; it will be interesting to see how it plays out. But behind the straightforward legal arguments lies a shocking story of disregard for wildlife that we discovered when we applied for the initial judicial review and received 4,000 pages of material connected with the permit application. Among other things, we learned that CNL knew that the site was very rich in biodiversity, but chose it anyway. The site is located on a south facing densely forested hillside that rises 140 feet above five named wetlands at its base, critical habitat for endangered Blanding’s turtles. The forest stands have old growth characteristics and provide prime habitat for endangered bats and songbirds such as the Canada Warbler, Golden-winged Warbler and Eastern Whip-poor-will. To create a flat surface for the NSDF, clear cutting and extensive blasting would convert 28 hectares of forested hillside into 170,000 cubic metres of rock, with unknown but likely adverse effects on the surrounding wetlands. More than 10,000 mature trees would be cut down, including provincially-endangered Black Ash trees. Kebaowek First Nation found three active bear dens on the site, and evidence of extensive use of the site by threatened Eastern Wolves. Both bears and wolves are species of great cultural importance to Algonquin peoples. 

Seethis post on the Concerned Citizens website, for more detail on CNL’s disregard for wildlife in its choice of a site for the NSDF.

The beautiful artwork below is by Destiny Cote of Kitigan Zibi Anishinabeg. Eastern Wolves are one of the threatened species that would be adversely affected by the NSDF.