Thomas Isaac has been quoted in the article “Algonquin First Nations Urge Appeal Court to Expand Duty to Consult in Chalk River Case,” published by CBC News. Writes Brett Forester:
“Kebaowek First Nation faced off against Canada’s premier nuclear organization Wednesday at the Federal Court of Appeal in Ottawa, in what’s shaping up to be a big case with far-reaching implications for industry and project proponents under federal jurisdiction.
The case’s main question is simple: was Kebaowek adequately consulted about a planned landfill for radioactive waste at the Chalk River facility near Deep River, Ont., 150 kilometres northwest of Ottawa, before the project was approved?
Simple, however, the legal issues are not.
The case has morphed into a debate about how the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) applies in Canadian law, specifically whether government decision-makers are required to consider its articles when greenlighting projects.”
The case is now before the Federal Court of Appeal, with potential implications for industry and project proponents under federal jurisdiction. Tom told the three-judge appeal panel that the federal court justice used the UNDRIP law to “improperly alter the constitutional duty to consult” in their decision.
Tom, together with Arend Hoekstra and Dana Poscente, are representing Canadian Nuclear Laboratories (CNL) in this case.