On uranium, don’t look for simple answers

It’s wise of Nunavut Tunngavik Inc. to wait until after the Government of Nunavut finishes its uranium consultation work on May 15 before starting a review of its own uranium policy.

By then the emotionalism that surrounds this issue may have cooled. NTI’s board should then take the time they need to weigh and balance the advantages and disadvantages of uranium mining in a calm, rational manner.

At the same time, NTI should also acknowledge the mistakes that they and other Inuit organizations have committed on this issue.

These mistakes have inflicted considerable damage on the organization’s credibility. In the eyes of many beneficiaries now, NTI is not an advocate but an adversary.

The first is NTI’s acquisition of shares in two small uranium exploration firms, Kivalliq Energy Corp. and Forum Uranium Corp.

The Nunavut land claims agreement and the organization’s policies allow NTI, which is a private corporation, to do this. And the shares aren’t worth much. The annual revenues that NTI and other regional Inuit organizations receive in land lease revenues and other payments from those companies are likely far more significant. And there’s no reason to believe NTI did this for any other motive than to serve the best interests of beneficiaries.

But the fact that you can do a certain thing doesn’t mean you ought to do it. As a gesture, the acquisition of shares in a uranium firm sends the wrong message to beneficiaries. NTI should sell the shares.

By the way, some beneficiaries complain their organization did this without “consultation.” Get used to it. Transparency and accountability never formed any part of the spirit and intent of the Nunavut land claims agreement, which empowers a family of private corporations whose private affairs are accessible only to insiders. It’s too late to do anything about that now.

The second mistake is the failure of NTI and its sister organizations to advocate for a credible environmental regulatory system.

In this regard, the Canadian Nuclear Safety Commission would play a big role. To that end, its current practice is to “harmonize” regulatory activities — such as inspections — with lower-level authorities in the host province or territory.

But what is there to “harmonize” with in Nunavut? Answer: a weak territory defined by its crippling incapacities.

For example, in Baker Lake the hamlet and the Government of Nunavut are allowing raw sewage and hazardous waste to flow into local water bodies. Despite this, the Nunavut Water Board, a key regulator that also regulates mines, gave them a water licence.

This situation is replicated in numerous other Nunavut municipalities, where local governments flout the law with badly managed garbage dumps, sewage lagoons and water systems. At the same time, Indian and Northern Affairs Canada and other relevant agencies refuse to lay charges or otherwise enforce regulations that are intended to prevent this.

Guess what? Nunavut now owns a regulatory system incapable of policing its own licences and permits.

The example of Saskatchewan shows it’s possible, likely, to mine uranium safely. But Saskatchewan is a wealthy jurisidiction with a capable civil service. Nunavut is not Saskatchewan.

NTI’s current uranium policy says this: “Uranium exploration and mining will be carried out in a manner that will not cause significant adverse effects on people, the environment or wildlife.”

Fair enough. But when has NTI ever seriously advocated for a regulatory system that would ensure this objective can be met?

As for those who oppose uranium mining, they too need to immerse themselves in the cold, bracing waters of realism.

For starters, they should dump the college-kid Marxism from their rhetoric and stick to real issues. A spokesperson from the Nunavummiut Makitagunarningit anti-uranium pressure group said March 17 in Iqaluit, for example, that uranium activity in Nunavut flows out of “political oppression.”

The people of Nunavut participate in free and fair elections at all levels of government and within Inuit organizations. The people of Nunavut enjoy freedom of speech, freedom of assembly and numerous other civil liberties. They are served by a free press. What, exactly, does this “political oppression” consist of?

Second, Makitagunarningit’s latest demand, for some type of Nunavut-wide plebsicite on the issue, could, if carried out, create more problems than it’s capable of resolving.

The Government of Nunavut, of course, does not have the authority to implement the result of such a vote. The GN owns no mineral rights. The GN does not exercise any authority over mining or any other form of resource development. In Nunavut, only Ottawa holds those powers.

Nunavut Tunngavik Inc. does own mineral rights on some Inuit-owned lands to which they hold subsurface title. But on many of these lands, NTI has already signed numerous agreements with uranium exploration firms — agreements that are legally binding. Organizations like the Kivalliq Inuit Association have signed similar deals for the Inuit-owned lands to which they hold surface rights.

This likely means that if NTI were to impose an abrupt ban or moratorium on uranium right now, the organization could expose itself to lawsuits that could inflict big financial damage on the organization. This is not in the best interests of beneficiaries.

It’s also likely that a Nunavut-wide plebiscite on the issue would divide the territory, pitting the Baffin region against the Kivalliq and the Kitikmeot. This is in no one’s best interest.

There are however, strong socio-economic and environmental arguments for slowing the pace of uranium development in the Kivalliq region to spread the benefits and the harm over a longer period of time.

To that end, it may be possible for NTI to adust its uranium policy to accept the existence of one working uranium mine only. If, after a specified period of careful monitoring, the regulatory system cannot keep the operation safe for people and the environment, then all other uranium projects should be left at the exploration stage only.
JB