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The Politics of Consultation
Indigenous-Nuclear Relations Regarding Small Modular Reactors

Abstract: Small Modular Nuclear Reactors (SMRs) have

been named the future of the Canadian nuclear industry, and

for this technology. However, the nuclear industry has a

Indigenous peoples and their lands. This paper evaluates the

consultation processes for SMR implementation in Canada,

for Ontario’s Chalk River Laboratories. The argument is

government ultimately conceal and uphold colonial dynam-

ics of power to dispossess land and undermine Indigenous
governance.

Introduction

submitted a license application for the construction of a Small Modular

The latest in

in output and physical size.2

their dependency on diesel generators, a costly and cumbersome form of

energy production. Instead of being implemented into these communities

54
 The Journal of Political Studies

industry has historically targeted Indigenous lands and communities to

the nuclear industry.

which occur in resource projects.

politics of
recognition

uphold colonial dynamics of power to dispossess land and undermine

the existence of an asymmetric and detrimental relationship between the

politics
of recognition

consultation processes through critical textual analysis of The Canadian

Roadmap for Small Modular Reactors. The following section will use the
23rd Edition

Indigenous-Nuclear Relations and Their Colonial Past

In order to meaningfully engage with a

nuclear future, it is important to also engage with the history of the nuclear

Indigenous peoples in Canada.

nuclear energy production.

illuminates patterns of inconsideration of Indigenous communities that

In addition to the

The political history of

Indigenous communities and their lands saw undue harm caused by

important context for current nuclear projects.

Theoretical Framework

politics of

Science, Technology, & Human Values

 The Journal of Political Studies

recognition
, Coulthard discusses the ways in which Canadian

forms of recognition.

shifted from a system of unconcealed domination to being exercised

through mechanisms of accommodation and recognition.20 The second

tyrannical nature of Canadian state power remains unchanged.

supported by uncontrolled and paternalistic policies.22 The 1876 Indian Act

policies.23 The Act

but was not limited by any means to housing, land ownership, and the
residential school system. Indian Act
determination through mechanisms that banned important ceremonies, as
The Act also put in place the

In order

colonial recognitions of Indigeneity. The Indian Act

Statement of The Government of Canada on

Indian Policy or

.
20 Coulthard, .
.
22 Coulthard, .
23 Coulthard, .

Global Indigenous Politics: A Subtle Revolution

Global Indigenous Politics.

23rd Edition

Second, the Calder case and its partial

1973 Statement
on Claims of Indian and Inuit People: A Federal Native Claims Policy, which

rights where the existence of rights remained open to interpretation.30

recognition began to appear.

1982
Constitutional Act and the United Nations Declaration on the Rights of Indigenous
Peoples (UNDRIP). Yet, Coulthard argues that these documents, while
written with accommodating language, fail to undo the colonial system
of dispossession and assimilation.32
Constitution establishes inherent
33

is located. Canada has also been condemned internationally for its

Indigenous peoples at home.

remain unchanged.

30 Coulthard,
Global Indigenous Politics.
Global Indigenous Politics.

Global Indigenous Politics.

Global Indigenous Politics.

 The Journal of Political Studies

Consultation and the Politics of Recognition

illusion of reconciliatory practices within the nuclear industry while the

dispossession and degradation of Indigenous lands continue. Through

consultation processes dilutes the linguistic, cultural and political

and Indigenous communities. The Roadmap was the resulting document.

summarized in The Canadian Roadmap to Small Modular Reactors.

projects and that Indigenous consultation is, therefore, a priority. While

The Roadmap

a point to isolate Indigenous consultation to highlight its importance.

The Roadmap. While public engagement is

an important process, it cannot be considered on par with Indigenous

consolidated, these processes allow for an erasure of the legal identity of

organizations. These documents claim to establish and respect Indigenous

and continue to uphold the politics of recognition.

language barriers, especially in Inuit communities, present a challenge.

23rd Edition

The
Roadmap
Inuinnaqtun and Cree.

relations, into short bulleted lists and sweeping statements. The

Indigenous engagement process is ironically summarized by saying:

where accommodation, in this instance translation, presents one image

complicated and contextual histories. Without adequate explanation of

of language results in a distortion of historical and systematic conditions.

Roadmap

language used in consultation documents, misuse of complex terms can

reinforce biases and create distortion.

ca/.
 The Journal of Political Studies

cogitating on the consultation process itself. Identifying colonialism as

Case Study: Chalk River Consultation Processes

to safety concerns such as increased probability of hydrogen explosions.

In addition, the economies of scale associated with the implementation of
the technology mean that larger reactors actually produce cheaper power,

successful.

amendments made to the Impact Assessment Act, formerly The Canadian

Environmental Assessment Act. The Impact Assessment Act is the federal

In pushing to exempt these nuclear reactors

23rd Edition

phase. The amendments also failed to include impact assessments of

the decommissioning phase of the reactors, which includes cleaning up,

technology.

Impact Assessment
Act, the Canadian Environmental Assessment Act, and as a result, requires a

project has come under legal and political criticism by Indigenous and
legal organizations, as well as academics through consultation channels
In response to the initial comments made
 The Journal of Political Studies

Three

In July of the same

Indigenous

the Canadian nuclear complex. It is important to note that the Indigenous

consultation commenting process happened alongside and in conjunction
with public engagement.

This project

The initial Indigenous

2020.
May 2020.

days for the submission of their comments while the deadline for public
and Indigenous consultation went unchanged.

There were considerable

objections made by these Indigenous organizations and groups which
23rd Edition

The

Other Indigenous commenters

In addition

practices.

press release. The comments and critiques submitted by the Indigenous

on one hand while upholding oppression and undermining Indigenous

to traditional land and resource uses.

 The Journal of Political Studies

other safety concerns.

information, which has raised concerns from both Indigenous commenters

and nuclear experts.

lands. This is yet another example of Indigenous peoples experiencing the

legal control.

and Indigenous engagement.

public and Indigenous groups.

Therefore the joining of public and Indigenous consultation processes is

The document summarizes the completed steps in the

omitted.

politics of recognition
duties to the standard set out in Canadian law, there is no further
23rd Edition

the inadequate articulation and response to the concerns and comments of

Conclusion

In practice, projects

responsibility for its actions past or present.

is a factor inherent to the colonial state. If the nuclear industry and the

hurt and past wrongs, with no further action.

rely on colonial institutions or their consultation processes to empower

actions.

Bibliography
 The Journal of Political Studies

Coulthard, Glen S.

Canada-Déline Uranium Table

Final Report: Concerning Health and Environmental Issues Related to the Port Radium Mine.

Global Indigenous Politics: A Subtle Revolution

23rd Edition

The Globe and Mail

Science, technology, & Human Values

23rd Edition