Legal challenge against Ottawa River Waste Facility spotlights environmental concerns

Tashi Farmilo

In a landmark legal challenge, the Kebaowek First Nation, Concerned Citizens of Renfrew County and Area, the Canadian Coalition for Nuclear Responsibility, and the Sierra Club Canada Foundation have united to contest the Canadian government's decision to issue a permit for the construction of a massive radioactive waste disposal facility near the Ottawa River. The permit, authorised by the Minister of Environment and Climate Change Canada, allows for the destruction of endangered species habitats on the proposed site of the Near Surface Disposal Facility (NSDF).

The NSDF, a project by Canadian Nuclear Laboratories (CNL), is set to accommodate one million tonnes of low-level radioactive waste in an engineered containment mound beside the Ottawa River. Environmentalists and indigenous groups have raised alarms over the potential ecological impact, highlighting the site's rich biodiversity and the threat posed to endangered bats, songbirds, and Blanding's turtles.

Chief Lance Haymond of the Kebaowek First Nation expressed his concerns, stating, "The Algonquin people have inherent rights to protect all life in the Ottawa River watershed, which is our unceded ancestral territory. Protecting all life is part of our Algonquin stewardship tradition. We believe it is wrong to wantonly destroy animals and their habitats for the pursuit of profit, and we will not stand idly by and allow this to happen."

The legal challenge questions the adequacy of the site selection process, arguing that CNL, owned by a consortium including SNC-Lavalin and two US-based engineering firms, chose the location for convenience rather than environmental safety. Nicholas Pope, representing the applicants, expressed concerns about the long-term implications of the decision, "This is an example of decisions being made for short-term gain that will hurt us all in the long term. Hopefully, as a society, we've learned our lesson from the many past failures that it's never worth it, both economically or societally, to make the cheapest decision. The destruction of habitat for endangered species without proper consideration of alternatives is a glaring oversight in this process."

The case also highlights the potential inadequacy of proposed mitigation measures for the endangered species, with critics arguing that alternatives such as bat boxes and wildlife corridors may not effectively protect the at-risk populations.

Lynn Jones from the Concerned Citizens of Renfrew County and Area added, "This legal challenge is shining a spotlight on the very poor choice of location for this nuclear waste dump. Its proximity to the Ottawa River is the top concern for the many First Nations, municipalities, and others who oppose the project. And now we learn that building the dump at that location would be a devastating blow to endangered wildlife."

Dr. Gordon Edwards from the Canadian Coalition for Nuclear Responsibility commented, "Canadian Nuclear Laboratories (CNL) is owned and operated by a consortium of multinational corporations, two of them Texas-based. There was no prior consultation with Indigenous or non-Indigenous people in CNL's choosing a site years ago, so close to the Ottawa River, which provides such an important habitat for several species at risk. To pretend that the protection of these creatures played a significant role in site selection is an exercise in self-deception."

Dr. Ole Hendrickson from the Sierra Club Canada Foundation stated, "The Minister has failed to uphold his duty to protect endangered species by issuing this permit. A key condition of granting a permit is that the proponent has looked at alternative sites and chosen the one with the least impact on endangered species. That clearly did not happen in this case. Given that CRL is a federally-owned property, the Minister should set a good example and do his utmost to protect endangered species there."

In response to the concerns raised, the Canadian Nuclear Safety Commission (CNSC) issued a statement: "The CNSC is responsible for ensuring the safety of Canadians and the environment by regulating the nuclear industry in Canada. The Commission's Record of Decision for the NSDF, issued on January 8, 2024, includes considerations related to forestry management, the terrestrial environment, and animal species. Additionally, the decision discusses alternative means of carrying out the project and alternate site selection for the NSDF. As this matter is now before the Federal Court, we are not able to comment further but welcome any direction the Court may have."

As the legal battle unfolds, the outcome of this judicial review could set a precedent for future environmental and indigenous rights cases in Canada. The coalition is calling for a thorough re-evaluation of the site selection process, emphasising the need for a balanced approach that considers both the safe disposal of nuclear waste and the preservation of Canada's natural heritage.