Peter Ballantyne Cree Nation filed an application for judicial review last week to quash Saskatchewan’s environmental assessment approval for Denison Mines’ (TSX: DML) proposed Wheeler River uranium project, arguing consultation was “inadequate and not meaningful.”
The case names the Saskatchewan Minister of Environment and Denison Mines as respondents. The province issued its approval in July after determining the project met provincial requirements.
Wheeler River is planned as an in situ recovery mining and processing operation about 600 kilometres north of Saskatoon. According to the federal summary, the project is designed to produce up to 5,400 tonnes of uranium oxide per year over a 20-year life.
“Most of our communities are in Treaty 10 territory, but they’re PBCN communities, and most of our traditional activities are in that area,” Chief Peter Beatty told CBC. “We have been hunting, trapping, fishing in these areas for hundreds of years and just because there’s a border line for Treaty 6 does not mean that our traditional rights don’t extend beyond that.” The Nation comprises eight communities.
The application alleges Saskatchewan attempted to consult only after Denison had completed its final environmental impact statement and then “only provided PBCN with six weeks” to comment. It further alleges the province declined an extension request.
“PBCN had neither sufficient time nor resources to meaningfully consult in that span of time,” the court filing states.
Beatty added the government should have consulted before the report was completed.
Documents cited in the application describe back-and-forth over whether the province owed a duty to consult. The province sought more specific information on land and hunting rights, while PBCN said it could not provide it “without capacity funding.”
The court records also allege Denison began engaging with several Indigenous communities before submitting an environmental assessment application in early 2019, but not with PBCN, which was not listed as potentially affected.
Denison’s November 2024 report states company representatives met with PBCN as early as May 2023 and were in contact through January, but did not receive information on specific adverse effects to PBCN land uses and rights. That report notes PBCN requested capacity funding.
PBCN’s application counters that “various issues” raised with Denison are not reflected in the company report.
The second of two Canadian Nuclear Safety Commission hearings on Wheeler River is scheduled for December 8 to consider the environmental assessment and the project’s licence application.
Information for this briefing was found via CBC and the sources mentioned. The author has no securities or affiliations related to this organization. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
