EAGLE LAKE — 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 not-for-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 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 NWMO, told 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 NWMO 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 (who 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 NWMO, said, even though the two sides are in court, there’s “an openness” by 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.
