UNDRIP at the Federal Court: Case Comment on Kebaowek First Nation v. Canadian Nuclear Laboratories – First Peoples Law
March 20, 2025
In 2016, after years of delay, the Government of Canada finally affirmed its full and unqualified support of the United Nations Declaration on the Rights of Indigenous Peoples. Almost a decade later, much uncertainty remains as to what UNDRIP means for the rights of Indigenous peoples in Canada.
Last month, for the first time, the Federal Court directly addressed the role of UNDRIP in the context of the Crown’s duty to consult. Below, we consider the implications of the decision for Indigenous people across the country.
What happened
In January 2024, the Canadian Nuclear Safety Commission approved an application authorizing Canadian Nuclear Laboratories to construct a nuclear waste disposal facility near the Ottawa River. The facility faced widespread opposition from local communities, non-profits, and the Bloc Québécois.
