The Free, Prior, And Informed Consent (Fpic) Provisions Of The United Nations Declaration On The Rights Of Indigenous Peoples (Undrip) And The Deployment Of Smrs In Northern Canada - A Review Of Potential Challenges

Small Modular Reactors (SMRs) have been touted as having the potential to spearhead a nuclear renaissance. Proponents of this view cite the relative advantages of SMRs over larger nuclear plants as reason for their optimism. Some of these merits include potential economies of mass production deriving from modular factory production, enhanced safety features, the ability to locate reactors in remote areas, and reduced requirements for technical workforces to install and maintain SMRs. Despite the optimism surrounding SMRs, nuclear power is still a contentious issue for many Canadians. The growth of nuclear power remains adversely affected by concerns over issues such as: the health and safety consequences of nuclear power generation, environmental impacts, proliferation of nuclear materials, terrorism, and radioactive waste disposal (Organisation for Economic Co-operation and Development (OECD) and Nuclear Energy Agency (NEA), 2010). Personal values, past nuclear accidents, and lack of trust in the industry are other factors influencing attitudes toward nuclear energy (IAEA, 2005). In Canada, three main areas where SMRs could be used have been identified. These include: a. Traditional, on-grid power generation, especially in provinces looking for zero-emissions replacements for CO2-emitting coal plants. B. Remote off grid communities that currently rely on diesel or fuel oil power generation. There are 279 off-grid communities in Canada, many of them being Aboriginal communities (NRCan, ND). Notably, all communities in each of Canada’s three territories qualify as remote. C. Resource extraction sites, such as mining and oil and gas extraction sites. Many of Canada’s principal producing mines and active mineral exploration projects are located within close proximity of Aboriginal communities. Any proposed implementation of small nuclear plants would, require the support of the local population, which is largely Indigenous in the northern regions. The possible deployment of SMRs raises important issue relating to consultation and accommodation of Aboriginal concerns regarding potential SMR deployment. This is especially pertinent given Canada’s pending implementation of the provisions of UNDRIP. One of the provisions of UNDRIP that has attracted a lot of attention is the one on Free Prior and Informed Consent (FPIC). Drawing on previously published information, this paper discusses some of the challenges posed by FPIC for the deployment of SMRs. The next section outlines the provisions of FPIC and its implementation in the Canadian context. Section 3, details some of the challenges posed by FPIC to the deployment of SMRs, while Section 4 provides some concluding comments.