A First Nation challenging the Nuclear Waste Management Organization in court says the ongoing assessment of a proposed nuclear waste site should be suspended.

Eagle Lake First Nation filed an application for judicial review of the nuclear industry-funded non-profit’s site selection for the deep geological repository in December 2024. It’s arguing it wasn’t considered as an option to be a host community when the waste management organization deliberated its options leading up to the eventual selection of Ignace, Ont., and Wabigoon Lake Ojibway Nation as hosts.

“We are concerned that, as the impact assessment moves forward, it will prejudice our hearing on judicial review,” said Kate Kempton, legal counsel for Eagle Lake.

“It’s just simply human nature that the more that things get entrenched or locked in, or the more that money is spent toward developing something — including environmental assessments — it puts more of a strain, I will say, on a judge to make a ruling that the whole thing needs to end.”

Kempton added that, should their legal challenge be successful, the “relief” they’re requesting is that the late-November 2024 site decision be thrown out and Eagle Lake named a host community.

“Then, Eagle Lake First Nation has to have the same rights as anyone else that was deemed to be a host community and determine for itself whether it’s prepared to let this go through the next steps — including impact assessment,” she continued.

“At this point, the whole thing is barrelling on ahead; the cart’s before the horse — we’re the horse — and we’re being prejudiced by that.”

Jessica Perritt, director of Indigenous and municipal relations for the Nuclear Waste Management Organization, told Northwestern Ontario Newswatch the matter is still before the courts but “we still want to work with Eagle Lake.”

“We acknowledge them as an important community in the region and we’re open to meet with them and acknowledge the significance of who they are in that area.”

The Nuclear Waste Management Organization has said the site was chosen “following extensive technical study and community engagement,” and that the host communities “understand the project and support making it part of their community.”

Eagle Lake’s initial filing argues it was not considered because there was opposition in the community.

Daniel Morriseau, Eagle Lake’s director of strategic projects and alliances, told Newswatch his community has been shut out of the ongoing process and is not having its input heard, saying “we’re more so being treated like a checkbox that needs to be completed.”

“We are always interested in following our traditional laws of being stewards of our traditional lands, and where this potential project is going to be taking place is within our traditional lands,” he said. “We feel very strongly it’s our duty to act as stewards of those lands based on our traditional laws, and we haven’t had that opportunity to do so.”

“We have land use, current and historic, and values in that area.”

In October 2025, Kempton sent a letter to the Impact Assessment Agency of Canada (which is leading the assessment), the Canadian Nuclear Safety Commission and Energy and Natural Resources Minister Tim Hodgson, calling for the site review’s suspension until Eagle Lake’s application is resolved.

Hodgson responded in a letter shared with Newswatch by Eagle Lake saying that the matter falls under the purview of the impact assessment agency and that he “trusts” it “will give your correspondence every consideration.” As of Jan. 13, the community and its lawyers said they hadn’t received a response from the agency.

Newswatch contacted the Impact Assessment Agency of Canada on Jan. 14 about Eagle Lake’s letter and request for the process to be halted. The agency said on Jan. 16 that it is “committed to working collaboratively with Eagle Lake First Nation,” and now that the process’s planning phase has started, only the proponent can “suspend the time limit.”

“They ignored us and proceeded anyway,” Kempton said, given their letter to the assessment agency and others was sent roughly two-and-a-half months prior to the impact assessment officially beginning on Jan. 5 of this year.

“It certainly raises a lot of concerns about conflicts in the process that’s unfolding and undermines our faith and trust in those processes,” Morriseau said. “It’s a difficult situation to navigate for sure for us.”

Kempton said applying for judicial review (which is what Eagle Lake is doing) is a much shorter process than a full lawsuit, but there has still been no date set. She said she hopes other necessary steps, like sharing of evidence through affidavits and out-of-court cross examination, will be done in the next couple of months.

“It’s a shorter-term court case,” she said. “We’re not talking years here.”

Perritt, with the Nuclear Waste Management Organization, said even though the two sides are in court, there’s “an openness” from the organization to working together.

“We do acknowledge that there’s other processes happening — we have to work through that at the same time,” she said.

Kempton said now that the impact assessment has begun, Eagle Lake will be “compelled” to participate in that at the same time the court case moves ahead.

“We’re not asking for special treatment, just not prejudicial treatment,” Kempton said.

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The years-long process for regulators to decide whether a proposed nuclear waste storage site gets the green light has begun.

The Impact Assessment Agency of Canada has posted the initial project description for the deep geological repository being proposed in the Ignace, Ont., area by the Nuclear Waste Management Organization. The public posting officially kicks off the assessment done jointly between the impact assessment agency and the Canadian Nuclear Safety Commission.

The first chance for people to comment on the organization’s proposal to federal regulators has also begun, with initial submissions being accepted until 11:59 p.m. on Feb. 4.

“It’s an opportunity for the public to be involved and to learn more about this, what I call, an incredibly important project for Canada,” Allan Webster, the waste management organization’s vice-president of regulatory approvals, told Northwestern Ontario Newswatch.

“And, so we encourage people to do that and to learn more.”

The proposed repository would store approximately 5.9 million bundles of used nuclear fuel from Canada’s nuclear power plants at a site near Revell Lake between Ignace and Wabigoon Lake Ojibway Nation south of Highway 17. The two communities are the hosts for the project.

The project continues to be opposed by a variety of stakeholders, including environmental groups and a number of First Nations throughout northern Ontario.

Wendy O’Connor, a volunteer and spokesperson with We the Nuclear Free North, told Newswatch they also want to get the word out that the federal process has begun.

“We’re encouraging people to sign up with the impact assessment agency so that they’re informed of the release of documents such as this, and of public comment periods,” she said.

“The more of the public that comments, the better — as we see it.”

Comments gathered during the initial one-month period will give the impact assessment agency information about what people are thinking about the Nuclear Waste Management Organization’s formal proposal, with the agency saying in a media release that they “should be based on local, regional or Indigenous knowledge of the site or surrounding environment, or provide any other relevant information that may support the conduct of this assessment.”

“Thereafter, we understand what it is that we have to assess and we really start to talk to people a lot about specifically what it is we’re assessing,” Webster said. “What does it mean, what impacts might it have, what mitigations might be available, and we involve people with that discussion every step of the way, so that people can give us the input we need so we can do things well.”

“But, also, so they’re informed so they understand what it is that we’re intending to do.”

O’Connor said her group will likely be doing its own public awareness-raising throughout the assessment period.

“It is an important part of the process,” she said. “It’s constructive to consider the impact assessment agency as a good-faith actor, and we take that stance that it’s important for everyone to participate in this, and that the comments will be important from the public.”

“Comments received will support [the Impact Assessment Agency of Canada] and the [Canadian Nuclear Safety Commission] in the preparation of a summary of issues that will be sent to the proponent and help shape how the overall integrated assessment will be carried out,” the impact assessment agency’s media release said.

Webster said the assessment is expected to be completed within five years, culminating with a decision from the federal government and, if successful, an initial licence from the nuclear safety commission.

Additional separate licences from the Canadian Nuclear Safety Commission also have to be issued including for things like site construction and operations, he added, with those also contingent on initial project approval.

If that happens, those would be expected to be an additional roughly five to 10 years down the road.

More information is available at the impact assessment agency’s website, as is how to comment.

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