Canadian Nuclear Laboratories (CNL) says it’s appealing a court ruling that found the construction of a Near Surface Disposal Facility (NSDF) at its Chalk River nuclear facility in Ontario would be a threat to the endangered Blanding’s Turtle and two bat species in an area near the Ottawa River.
CNL said it has filed an appeal with the Federal Court of Appeal in the case, which in a March ruling supported the position of the Kebaowek First Nation. The case hinged on the duty to adequately consult with Indigenous Peoples, as well as whether CNL properly assessed other reasonable locations for the site, a factor where the court ruled that CNL failed.
A previous judicial review in February had also found that the Canadian Nuclear Safety Commission failed to meet consultation standards under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), in particular the standard of “free, prior, and informed consent,” the ruling stated.
“Through the appeal, CNL seeks to obtain clarity and direction on how to navigate the changing legal landscape with respect to Indigenous rights and interests,” the nuclear science and technology organization announced in a community bulletin. “Because there are few examples of the application of UNDRIP in Canada, and none in the nuclear sector, it is important that CNL obtain a clear understanding of what is required to continue to pursue our work and mission to responsibly address Canada’s nuclear liabilities.”
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The waste facility is expected to hold up to one million cubic metres of low-level nuclear waste. It is designed to contain the waste in engineered mounds, with a liner, cover, and leak detection system.
The Canadian Nuclear Safety Commission previously found that the facility “is not likely to cause significant adverse environmental effects.”
