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UNDRIP and the Duty to Consult: Findings in the Kebaowek Case

June 24, 2025 | Brianne Paulin, Partner, Aldridge + Rosling LLP

In Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319 (“Kebaowek”), Kebaowek First Nation challenged the Canadian Nuclear Safety Commission’s (the “Commission”) decision to allow Canadian Nuclear Laboratories Ltd.’s (“CNL”) application to amend their operating licence for the Chalk River Laboratories site to authorize the construction of a near surface disposal facility on the site.

The site is located within Kebaowek’s traditional territory. Among other reasons, Kebaowek asked the court to quash the Commission’s decision because the Commission erred in law by declining to apply the United Nations Declaration on the Right of Indigenous Peoples (“UNDRIP”) to the decision or consider UNDRIP as a factor informing the Commission’s duty to consult and accommodation obligations.

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