Re: Recognition as a Rights-Holder and Objection to the Deep Geological Repository (DGR) Process

Reference Number
466
Text

To Whom It May Concern,

I am writing to formally assert my status as a rights-holder and descendant of Naotkamegwanning First Nation (Band 158), a Treaty #3 Anishinaabe Nation. As a rights-holder, I carry inherent Aboriginal and Treaty rights that are constitutionally protected under Section 35 of the Constitution Act, 1982, and affirmed through the spirit and intent of Treaty #3. Treaty #3 established a nation-to-nation relationship with the Crown that endures in perpetuity and obligates ongoing accountability to our people.

I am deeply concerned with the proposed Deep Geological Repository (DGR) project and the process undertaken by the Nuclear Waste Management Organization (NWMO). At no point have I—nor many other rights-bearing families of Naotkamegwanning First Nation—been consulted, notified, or meaningfully included in any aspect of this project, including site selection, transportation routing, impact assessment, or risk analysis.

It is particularly troubling that consultation appears to have been limited primarily to certain Chiefs and Councils, while excluding rights-holders and families whose inherent and collective rights are directly affected. Consultation restricted to leadership alone does not satisfy the Crown’s constitutional duty to consult and accommodate, especially where citizens, land users, and rights-bearing families have not been meaningfully engaged. This concern is heightened by my limited understanding that financial payments or benefits have already been distributed to Wabigoon Lake Ojibway Nation, while other affected Treaty #3 Nations—including Naotkamegwanning First Nation—have not received full, transparent, or equitable information regarding such arrangements. This raises serious concerns about fairness, transparency, and the integrity of the process as a whole.

The transportation of nuclear waste through Treaty #3 territory poses an unacceptable and irreversible risk to our lands, waters, and people. Proposed transportation routes threaten Lake of the Woods, the Wabigoon–English River watershed, and interconnected waterways that are central to our subsistence practices, commercial fishing licenses, cultural responsibilities, and spiritual relationships to the land. Our traditional travel routes, hunting and trapping grounds, and sacred sites exist in direct proximity to the proposed project and transportation corridors. Any contamination—whether through accident, leakage, or long-term failure—would result in permanent harm to our ecosystems, economies, and ways of life.

Further, the nuclear power industry does not provide energy to our region, nor do our communities benefit from the generation of nuclear energy. Many of our Nations continue to experience insufficient hydro infrastructure, frequent power outages, and unmet basic needs. To impose the long-term risks of nuclear waste transportation and storage on our Treaty territory—without benefit, consent, or full information—constitutes a profound injustice. Spiritually, culturally, and ethically, this project violates our responsibilities to future generations. Nuclear waste is not a temporary issue; it is a worldwide and intergenerational threat that extends far beyond political terms, corporate timelines, or funding agreements.

The use of so-called “Learn More Agreements” does not constitute consent, nor does it meet the standard of Free, Prior, and Informed Consent as articulated under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which Canada has committed to implementing in law and practice. Such agreements cannot be relied upon to claim legitimacy, support, or authorization for a project of this magnitude—particularly where rights-holders were never fully informed, consulted, or given the opportunity to refuse.

The process to date reflects a fundamental failure to uphold Treaty #3 and the Crown’s obligations. Treaty #3 was not a one-time transaction—it is a living agreement that requires the Crown to respect, protect, and uphold our rights forever. Any project that threatens our lands, waters, and future generations without our consent stands in direct violation of that relationship.

Accordingly, I formally request the following:
    1.    Formal recognition of my status as a rights-holder in all current and future correspondence, consultation, and decision-making related to the DGR project.
    2.    Immediate suspension of any reliance on claimed “consent” or “support” obtained without the meaningful participation of all rights-bearing families of Naotkamegwanning First Nation.
    3.    Clear direction on next steps outlining how I, and other rights-holders, will be properly included in a consultation process that meets constitutional, Treaty, and UNDRIP standards.

I do not consent to the transportation or storage of nuclear waste within Treaty #3 territory. Please confirm receipt of this submission and advise on the actions that will be taken to address and remedy these serious deficiencies in process and consultation.

Miigwech,
Willow Crow
Naotkamegwanning First Nation (Band 158)
Treaty #3 Territory
Anishinaabe harmony and unity with Mother Earth

Submitted by
Naotkamegwanning First Nation
Phase
Planning
Public Notice
Public Notice - Comments invited on the summary of the Initial Project Description and funding available
Attachment(s)
N/A
Date Submitted
2026-02-04 - 2:28 PM
Date modified: