Inuit org responds to editorial on NLCA lawsuit settlement agreement

Nunavut Tunngavik Inc’s core stand on respect for Inuit rights under the Nunavut Land Claims Agreement has always been straightforward and consistent.

Promises made must be promises kept. And lessons learned must be lessons applied.

Lawsuits don’t occur in vacuums. NTI began its lawsuit in 2006 after NTI’s offer to take 17 different breaches of the agreement to binding arbitration were rejected by the Crown, after conciliator Thomas Berger’s thoughtful conciliation report was rejected, and after NTI’s political level overtures were ignored.

The fact of the matter is that the Government of Canada agreed to pay $255.5 million to settle NTI’s lawsuit concerning breaches of the NLCA.

Financial settlement of litigation on this scale is very rare, and is an historic achievement in litigation by an Aboriginal group against the Government of Canada.

The federal government did not agree to this scale of compensation without knowing it has fallen far short. At the press conference announcing the settlement, Aboriginal Affairs Minister Bernard Valcourt said that the federal government had “dropped the ball” in earlier implementation of the NLCA. NTI agrees with his statement.

The PriceWaterhouseCoopers estimate of Inuit missing out on an additional $123 million annually in pay and benefits as a result of the lack of fully representative government workforces (85 per cent Inuit) remains valid.

But NTI has never argued that fully representative levels could be achieved in a short timeframe. Conciliator Thomas Berger’s recommendations for a highly effective system of bilingual system of education was not part of our lawsuit, but must remain a compelling priority for Nunavut society, spearheaded by the governments of Nunavut and Canada.

NTI will, of course, continue to push hard to ensure that both the federal and territorial governments take all steps necessary, including hard targets and timelines, to make steady and measurable progress to achieving fully representative workforces.

Both the NLCA and general principles of democracy require that government workforces in Nunavut must reflect the people they serve. Parallel progress is also needed in the private sector.

Your editorial accurately acknowledges that a comprehensive Nunavut Inuit Labour Force Analysis and NTI’s new $175 million Inuit training corporation will be important new tools in this vital work.

NTI had to weigh the benefit of receiving the financial compensation and other important federal government commitments now, or accept the delays, risks and expense of proceeding with years of further court proceedings.

The settlement money has the potential to bring real benefits to the lives of Nunavut Inuit, at a time of urgent and growing social and economic needs. In these circumstances, settlement of the litigation was the right thing to do.

Your editorial concludes by emphasizing the importance of the settlement agreement bringing about a new dispute resolution system. It expresses the hope that, with this new dispute resolution system, future implementation lawsuits might be avoided.

NTI shares your assessment and your hope. However, optimism must always be backed up with vigilance, and a willingness to stand up for the rights and expectations of Inuit.

James Eetoolook
Vice-President, Nunavut Tunngavik Inc.

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