Sealing the deal: Environmental and indigenous justice and mining in Nunavut

Review of European Community and International Environmental Law

Volumn 20, Issue 1, 2011, Pages 19-28

  Bowman, Laura ^a  

^a Environmental Law Centre   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

DECISION MAKING; ENVIRONMENTAL JUSTICE; INDIGENOUS KNOWLEDGE; INDIGENOUS POPULATION; INVESTMENT; MINING; PARTICIPATORY APPROACH;

CANADA; NUNAVUT;

EID: 79960872915     PISSN: 09628797     EISSN: 14679388     Source Type: Journal    
DOI: 10.1111/j.1467-9388.2011.00699.x     Document Type: Article

References (55)

1. Agreement Between the Inuit of the Nunavut Settlement Area as represented by the Tungavik Federation of Nunavut and Her Majesty the Queen in Right of Canada, (25 May 1993) (NLCA). The Agreement was ratified by Inuit in Nunavut at a vote held on 3-6 November 1992
2. For discussion and analysis of Nunavut's hybrid wage and harvesting economy, see G. Wenzel et al., The Social Economy of Sharing: Resource Allocation and Modern Hunter-Gatherers (National Museum of Ethnology, 2000), at 61-85. See also M. Buell, Resource Extraction Development and Well-being in the North (National Aboriginal Health Centre, 2006), n. 3
3. It is estimated that at least US$40 million worth of wild food and clothing products are harvested in Nunavut each year by its population of approximately 30,000 (see M. Buell, ibid., at 8)
4. Hamlet of Baker Lake v. Canada (Minister of Indian Affairs), [1979] FC 487
5. Fur sales have become a marginal factor due to the absence of adequate European markets and fur bans in that region. See Hamlet of Baker Lake, n. 5 above, at 4
6. The Wildlife Act S.Nu. 2003, c. 26, s.8, defines this concept in more detail as'people are stewards of the environment and must treat all of nature holistically and with respect, because humans, wildlife and habitat are inter-connected and each person's actions and intentions towards everything else have consequences, for good or ill
7. The Constitution Act 1982, being Schedule B to the Canada Act. (UK), 1982, c.11, s.35. Canada Corporations Act 1970, c.C-32
8. Article 17.1.2 of the NLCA provides that this is one of the purposes of Inuit-owned lands. See J. Eetoolook, Mining and the Nunavut Land Claims Agreement (Nunavut Mining Symposium, 13 November 2000), available at
9. See Nunavut Act, ss. 28.1.1 and 28.1.2
10. Territorial Lands Act, RSC 1985, c.T-7
11. Northwest Territories and Nunavut Mining Regulations, CRC, c.1516
12. Northwest Territories Mining District and Nunavut Mining District Order, SI/2000-53
13. See Nunavut Act, n. 12 above, s. 23, and the Commissioner's Land Act, RSNWT (Nu.) 1988, c. C-11, at s.2
14. Article 14 of the NLCA requires that the territory transfer these lands to municipal governments. However, in many places this has never been done, leaving many of these lands unregistered or improperly administered
15. Government of Nunavut, Department of Economic Development and Transportation 'Parnautit, a Foundation for the Future, Mineral Exploration and Mining Strategy' (Government of Nunavut, 2008), available at
16. See Mine Health and Safety Act, SNWT (Nu.) 1994, c. 25; Miners Lien Act, RSNWT (Nu.) 1988, c.M-12; also see Commissioner's Land Act, n. 17 above
17. Lands and Resources Devolution Negotiation Protocol (5 September 2008), available at
18. Bruce Stanton (Chair), Northerners Perspectives for Prosperity, Report of the Standing Committee for Aboriginal Affairs and Northern Development (40th Parl, 3rd Sess., December 2010), part 8.3.1 on 'Devolution and Resource Sharing'. Recommendation 33 of the report is for INAC to negotiate devolution in the NWT and Nunavut
19. See NLCA, n. 2 above, at 1, Article 7
20. Bylaws of Nunavut Tunngavik Incorporated (2008) (NTI Bylaws), Article 5. Another third of the board members consist of the presidents of each Regional Inuit Organizations (RIOs) that are constituted under their own bylaws as private corporations in the three regions of Nunavut. The remaining third of the board of NTI is appointed by the RIOs
21. Bylaws, ibid., Article 4. Inuit land claims beneficiaries are not 'members' of NTI, but instead the members are composed of the board of NTI and each RIO and others appointed by the RIOs
22. Nunavut Tunngavik Inc., 'C. Towtongie, J. Eetoolook, and J. Anawak Elected to NTI Board of Directors', Media Release (14 December 2010); Chris Windeyer, 'Dec 13 NTI Election offers plenty of choice', Nunatsiaq News (6 December 2010), available at
23. Ibid. This is other than an annual financial report as required in Article 8, which is provided to the Board of Directors. For examples of problems, see Jim Bell, 'Paul Quassa's 10 month credit card orgy revealed', Nunatsiaq News (15 December 2000), available at
24. C. Windyer, 'NTI president suspended for misusing company credit card', Nunatsiaq News (31 August 2010), available at
25. See extensions to term of office described in D. Wilkin, 'NTI delegates ponder term extensions', Nunatsiaq News (19 November 1998), available at
26. See Bylaws, n. 26 above, Article 14, which permits amendment of all bylaws by a majority vote of NTI directors
27. M. Mifflin, 'The prince and the pauper: Nunavut Tunngavik and the government of Nunavut,' Policy Options (July-August 2009), at 94
28. See recent removal of president in C. Windyer, n. 32 above
29. See NLCA, n. 2 above, Article 39.1.10
30. See J. Eeetolook, n. 11 above
31. CBC News, 'Uranium policy concerns caribou board' (18 May 2006), available at
32. Brubacher & Associates, The Nanisivik Legacy in Arctic Bay: A Socioeconomic Impact Study (Government of Nunavut, 2002). The mine has also left a striking environmental legacy as dust from mine tailings contaminated much of the mining town and its infrastructure with lead
33. There is also a Nunavut Wildlife Board under the land claims agreement and theWildlife Act S NU 2003, c. 26. However, it plays no role in habitat protection in the context of non-renewable resource development decisions
34. See NLCA, n. 2 above, Article 11.3
35. Normally it will be the federal minister who has jurisdiction
36. See NLCA, n. 2 above, Article 12.2, which states'to review the ecosystemic and socio-economic impacts of project proposals>
37. P. Okalik, Mining and Sustainable Development in Canada's Arctic (Mining Association of Canada, 2001), available at
38. NWT and Nunavut Chamber of Mines, 'Submission of the exploration and mining industry in response to the proposed Nunavut Land Use Planning and Impact Assessment Act' (6 May 2009), at 2, available at
39. Nunavut Waters and Nunavut Surface Rights Tribunal Act, SC 2002, c.10; and see NLCA, n. 2 above, Articles 10.1.1 and 10.2.1
40. Nunavut Water Board, Nunavut Water Board Regulations (Nunavut Water Board, 2009), available at
41. Debates of the Senate, 1st Sess., 37th Parl., Vol. 139, Issue 102 (Tuesday, 26 March 2002), at 1520, available at
42. Nunavut Water Board, 'Application of regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act in Nunavut Order', 136:16 Canada Gazette (2002), available at
43. Mary Hurley, BILL C-62: Nunavut Waters and Surface Rights Tribunal Act (LS-342E) (Parliamentary Research Branch, Parliament of Canada, June 1999), available at
44. Bill C-25, Nunavut Planning and Project Assessment Act, 3rd Sess., 40th Parl., 2010, cl.2(1) (as passed on first reading)
45. See Bill C-25, n. 65 above, cl.154
46. Canadian Environmental Assessment Act, SC 1992, c.37
47. A full list of amendments can be found in Indian and Northern Affairs Canada, Amendments to the Nunavut Land Claims Agreement (Indian and Northern Affairs Canada, 2009), available at
48. In order to uphold the letter, spirit and intent of section 13.7.1 of the NLCA', the NWB passed Order 2002-253 C.Gaz. 2002. II. 1666 (Nunavut Waters and Nunavut Surface Rights Tribunal Act, 31 July 2002) to the effect that the provisions of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act cease to apply in relation to Nunavut
49. Nunavut Tunngavik Inc. v. Canada (Attorney General), 2003 FCT (CanLII), at para. 28
50. Quebec (Attorney General) v. Moses, [2010] SCC 17 (Moses)
51. See Moses, n. 79 above, Deschamps J. (dissenting), at 82
52. Beckman v. Little/Salmon Carmacks First Nation, [2010] SCC 53 (Beckman), which provides at para. 61 that the duty to consult exists independently of the intention of the parties in land claims and treaties
53. See CanZinco Ltd. v. Canada (Minister of Indian Affairs and Northern Development), [2004] FC 1264, dismissing an application attacking the reclamation security decision of the Water Board and the federal minister. Also see Qikiqtani Inuit Assn. v. Canada (Attorney General), [1998] CanLII 8617 (FC) wherein the Qikiqtani Inuit Association attacks the process followed by the Water Board in renewing the mine's water license for tailings
54. Reference Re Secession of Quebec, [1998] 2 SCR 217
55. See NLCA, n. 2 above, Article 2.11.3, which provides that neither Government nor any Inuk entitled to be enrolled shall challenge the validity of any provision of the Agreement