Kebaowek First Nation challenged approval of Chalk River nuclear waste dump in federal court

On July 10th and 11th, Kebaowek First Nation appeared before Justice Julie Blackhawk to make their case appealing the approval of a radioactive waste disposal facility in Chalk River, while supporters across the Ottawa River watershed gathered in support. 

The project in question, proposed by the Canadian Nuclear Laboratory, is called a Near Surface Disposal Facility (NSDF). It is situated one kilometre from the shore of the Ottawa River, on unceded, unsurrendered Algonquin territory. It involves dumping radioactive, contaminated soil, as well as old buildings and equipment, in a 1-million cubic metre mound – seven storeys high – and covering it with layers of synthetic material, sand, rockfill, and soil. The material would include not only the waste from the crown-owned nuclear lab currently operating at Chalk River but also waste that will be brought in from federal nuclear sites in Manitoba and Québec.

At the core of Kebaowek’s argument is that the Canadian Nuclear Safety Commission failed to carry out the duty to consult with First Nations as required under both the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the legislation enshrining UNDRIP in Canadian law, the United Nations Declaration Act. Chief Lance Haymond of KFN saw their court challenge as a “litmus test” for how the new UNDA holds up in court.The First Nation also argued that the project was approved based on a forest management plan yet to be created.

The NSDF has faced widespread opposition from the day it was proposed. Council of Canadians and the two local chapters in the Kichi Sibi (Ottawa River) watershed have been fierce in our advocacy against the project. We have had a front row seat in witnessing the lack of free, prior, and informed consent throughout the consultation process with Algonquin First Nations. Kebaowek, Kitigan Zibi Anishnabeg, and Algonquins of Barriere Lake First Nations detailed the threats the NSDP poses to the land, water, wildlife, trees, and Algonquin inherent rights to the CNSC in August 2023. They did not give consent to the project, but approval was a foregone conclusion, consultation nothing but an afterthought.

The NSDF project is a continuation of what Kitigan Zibi and Kebaowek have called “the nuclearization of the Kichi Sibi” (Ottawa River). No Algonquin consultation or consent was sought when the Chalk River Laboratories site was constructed in 1944, and Algonquin people were dispossessed and excluded from accessing their own traditional territory. With the latest approval of the NSDF, Canada is blatantly deepening the history of dispossession, displacement, and marginalization of Algonquin peoples while paying lip service to truth and reconciliation.

Through their legal challenge, Kebaowek First Nation and its community members are taking a clear stance in protection of the water, life, culture, and way of life of not just Algonquin peoples but every settler community along the Ottawa River. Following chief Haymond and Councillor Roy’s leadership, community members from all corners of the Kichi Sibi watershed gathered to show their support. More than 60 people stood in the pouring rain outside the Supreme Court on July 10 to demonstrate their solidarity and support of the First Nations. Kebaowek community members and residents from Pontiac, Renfrew County, Ottawa, and Gatineau joined together in the water song, embodying the unity that Kebaowek’s slogan, “Stronger together,” is calling for.

Kebaowek First Nation needs your support now more than ever. The legal process is long and costly, and your contribution will help them on their journey to project the Kichi Sibi. Through their partnership with RAVEN Trust, you can make a tax-deductible contribution to their legal challenge here.