Another win for Algonquin community in fight against nuclear waste dump

The Kebaowek First Nation is celebrating a second court win in the last month in its battle against the building of a nuclear waste dump at Chalk River.

In January, the Canadian Nuclear Laboratories (CNL) received approval to construct the "near-surface disposal facility" at the Chalk River research campus, about 190 kilometres northwest of Ottawa and one kilometre from the river. 

In that same announcement, the Canadian Nuclear Safety Commission (CNSC) determined the project "is not likely to cause significant adverse environmental effects," and that Indigenous groups were adequately consulted. 

The Kebaowek community, among other advocate partners, challenged both of those rulings through separate judicial reviews. 

On Friday, in addressing the latter judicial review, federal court Justice Russel Zinn acknowledged that construction of the facility would in fact be a threat to endangered Blanding's Turtle and two bat species in the area. 

"We were absolutely elated because it's a victory for us, but again, it's a victory for those species at risk that are there," said Chief Lance Haymond of Kebaowek First Nation.

According to the ruling, CNL failed to properly assess other reasonable locations for the site.

Nicholas Pope, the legal counsel for Kebaowek First Nation, told CBC there are two other viable sites that were overlooked. 

"Under the law, you can't put the waste facility somewhere that's worse for species at risk when there are other places that would work just as well," he said.

"Now the decision is being sent back to the government for redetermination and for right now, the project can't go ahead," Pope said.  

As of Sunday evening, the CNSC had not responded to the court decision.

WATCH | More on the decision:

First Nation near Chalk River scores another win against nuclear waste project

2 days ago

Duration 2:28

A First Nation near Chalk River, Ont., has had a second court win against a nuclear waste disposal project.

'We were completely ignored'

In a press release, Pope said the court's latest decision "is a landmark moment for environmental law in Canada."

Haymond agrees, but says getting to this point should not have required so much legal pushback. 

"We were completely ignored, and for us, the two wins that we've won in the courts is validation that we have a voice, we have an understanding of our territory and that [what] we have to say is important," Haymond said.