A Critical Step Forward: Update on Near-Surface Disposal Facility near Kichi Sibi
Recent court rulings mark a turning point for the Algonquin Nation, as well as the two million people who rely on the Ottawa River for drinking water—reinforcing that free, prior, and informed consent (FPIC) isn’t a future ideal, it must be respected now. The federal court decision has ordered the Canadian Nuclear Safety Commission (CNSC) and Canadian Nuclear Laboratories (CNL) to resume consultations with Kebaowek First Nation regarding a toxic nuclear waste dump located just 1 km from the Kichi Sibi (Ottawa River). This ruling sends a powerful message: Indigenous voices and rights, as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Act , must be recognized in practice.
Water Protectors protesting the construction of a nuclear waste dump along the Ottawa River, which threatens the St. Lawrence River. (Reno Patry/CBC)
Federal Court Justice, Julie Blackhawk, has ruled that the consultation must be adapted to address Indigenous laws, knowledge and be aimed at reaching an agreement, to be completed by Sept. 30, 2026. This decision not only validates decades of advocacy, but also forces immediate action. As one representative of Kebaowek First Nation explains, the ruling compels a prompt review and reversal of problematic steps already taken by entities like CNL, with the Canadian Nuclear Safety Commission set to engage in urgent discussions.
“The Commission erred in its assessment of the fulfillment of the duty to consult and accommodate, in its failure to consider the UNDRIP and the FPIC [free, prior and informed consent] standard as an important contextual factor and/or interpretive lens.”
The Fight is Not Over! Unyielding Vigilance for a Just Future
While this legal win is a significant milestone, the fight is far from over. While this ruling marks a huge win, the judge has also claimed that the Duty to Consult and Accommodate under Canada’s UNDRIP Act "is a right to a process, not a particular outcome," and doesn't afford Indigenous Nations a veto power, and that it was “reasonable for the commission to conclude that the project is unlikely to cause significant environmental harm,” despite the fact that the Algonquin-led environmental assessment was never incorporated into the CNSC’s final decision, nor the project itself.
“This is a win for Kebaowek, but it’s really a win for everybody who believed that shortcuts were taken in this process regarding this project, and now we have a chance to go back and do a reset in terms of a proper consultation.”
These statements reinforce the idea that consultation often serves as a procedural checkbox, rather than a meaningful mechanism for Indigenous decision-making power. It also highlights that despite having tools such as UNDRIP to protect Indigenous rights and sovereignty, the final authority remains with the state and industry interests rather than Indigenous rightsholders, which directly contradicts the principles of both FPIC and UNDRIP. While legal wins can slow harmful projects, the colonial legal system is still structured to favour state and corporate interests over Indigenous sovereignty and environmental justice.
Kebaowek First Nation and their legal team are now carefully reviewing the decision, with the possibility of Canada appealing the decision within the next 30 days. Without appeal, this decision will ensure the new consultation process will meet FPIC standards and could potentially mark a huge stepping stone for similar cases in the future.
“It’s a betrayal of a series of sacred trusts, Anishinaabe aki was not created for business profit. Our Nation was not built to turn the [Kichi Sìbì], our great river, into a self-storage unit for nuclear waste.”
In the meantime, the Stop Nuclear Waste coalition is pressing the Quebec government to take a decisive and public stand by sending letters to both the QC Minister of Sustainable Development and Environment as well as QC Premier Legault. Their aim is clear: ensure that this victory translates into real, immediate change on the ground, and not just lip service.
Indigenous Climate Action stands with the Algonquin Nation in this pivotal moment. Our fight for climate justice and Indigenous rights continues, and we urge all supporters to amplify this message, hold colonial leaders and industry giants accountable, and demand that our voices remain at the forefront of decisions affecting our lands for future generations.
Looking to get involved? Here are some ways you can help us protect the sacred #KichiSibi (#OttawaRiver) for future generations:
💌 Send messages of support to info@stopnuclearwaste.com
Contribute to Kebaowek First Nation’s legal fund here: https://raventrust.com/campaigns/kebaowek/
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📸: Stop Nuclear Waste, 🎨: Destiny Cote, Kitigan Zibi Anishinabeg
