QIA “whole-heartedly” supports Clyde River appeal

Rosanne D’Orazio, the interim director of lands and resources for the Qikiqtani Inuit Association, with Cape Dorset representative Olayuk Akesuk, describes the basics of seismic testing to QIA board members at the Inuit organization’s annual general meeting last fall. (PHOTO BY PETER VARGA)

The Qikiqtani Inuit Association has reiterated its support for an appeal heard at the Federal Court of Appeal earlier this week, which aims to stop seismic testing off the east coast of Baffin Island.

A lawyer representing the Hamlet of Clyde River, Mayor Jerry Natanine and the local Nammautaq Hunters and Trappers Organization presented arguments April 20 in the hope of reversing a 2014 National Energy Board decision to allow underwater airguns to survey the seabed in Baffin Bay and Davis Strait.

“During the hearing certain statements were made by lawyers for the proponent that might imply the Qikiqtani Inuit Association did not support the court application made by the Hamlet of Clyde River and the Clyde River HTO,” the QIA said in an April 22 release.

“QIA wished to emphatically confirm that it whole-heartedly supports the application made by the Hamlet and the HTO.”

On April 20, lawyers for the seismic companies known as TGS, PGS and MKI, as well as the Crown, argued against the applicant’s right to file the legal challenge, suggesting it should instead have been filed on their behalf by a regional or territorial Inuit association which enjoy specific rights under the Nunavut Land Claim Agreement.

Lawyer Sandy Carpenter argued that individual Inuit — in this case, residents of Clyde River and its HTO — do not hold the right to be consulted.

“None of the applicants are granted those collective rights under the Nunavut Land Claims Agreement, and none of them are owed the duty to consult,” Carpenter told the panel of judges.

Both the QIA and Nunavut Tunngavik Inc. took part in the NEB’s consultation process — QIA even offered its support to set up community hearings.

But in the end, neither the QIA nor NTI appealed the NEB’s decision or joined as intervenors once the appeal was launched.

Federal Court justice Eleanor Dawson, one of three judges who heard the appeal, asked lawyers April 20 if there was anything in the record to suggest the QIA or NTI decided against joining the lawsuit.

Lawyers confirmed that there was no evidence indicating either organization chose not to take part in the appeal.

For its part, NTI has supported Clyde River’s appeal, unofficially, although the organization has yet to draft a policy on seismic testing.

The QIA took its support further.

Both before and after the NEB decision, the organization provided written notice to the proponent, the NEB as well as the federal government to say that, in the QIA’s opinion, there had been inadequate consultation with Inuit.

The Inuit organization recently went ahead and hosted its own series of Inuit Qaujimajatuqangit consultations on the issue with the seven Baffin communities closest to the upcoming surveys.

“QIA continues to support the impacted communities,” the organization said April 22. “Like everyone else, we are waiting for a decision which we hope will be in favour of the Hamlet of Clyde River and the Clyde River HTO.”

The three federal court judges reserved their decision. Applicants are hoping it comes down ahead of July 2015 when the seismic surveys are set to begin.