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NUNAVUT
The federal government was ordered to pay $14.8 million in damages for delaying the implementation of the Nunavut General Monitoring Plan in a June 27 Nunavut Court of Justice ruling.

Justice Earl Johnson of the Nunavut Court of Justice granted Nunavut Tunngavik Inc.'s motion for summary judgment and ordered the federal government to pay the $14.8 million in damages the Inuit land claims organization was seeking.

The organization had argued, when the case was heard in court in Iqaluit this past February, the federal government had saved $14 million in delaying the implementation of the monitoring plan, which would track social, economic and environmental changes in the territory.

In his June 27 ruling, Johnson wrote he accepted NTI's argument the Crown's delay in implementing the plan is a breach of the Nunavut Land Claims Agreement.

The Inuit land claims organization proved to the court the monitoring plan was not developed within the initial 10-year planning period, as required under the land claims agreement, Johnson wrote.

NTI argued the federal government started working on the plan only after the land claims organization launched its lawsuit in 2006.

The Crown approved the plan's business case in 2008, and its funding in 2010.

The Crown argued against NTI's request for Johnson to make a summary judgment - it stated not all evidence had yet been put before the court, contrary to NTI's argument that enough evidence was there to make a ruling. Johnson wrote he was satisfied all material evidence was before him.

NTI acting president James Eetoolook stated the organization is very happy with the decision.

"The amount of damages, $14.8 million, clearly illustrates to all Canadians and the federal government that ignoring duties and obligations under the (land claims agreement) is a very poor choice," he stated in a press release.

"The decision is a vindication of all the Inuit who have had the determination to stand up for Inuit rights for the last four decades."

NTI has also won three previous motions it had filed against the Crown in relation to the lawsuit it launched in 2006 against the Government of Canada, alleging a number of breaches under the land claims agreement.

The current decision does not settle the matters between NTI and the federal government. Other allegations, including that Ottawa breached the land claims agreement in regards to Inuit employment and government contracting, will continue their normal course.

Terry Audla, the president of Inuit Tapiriit Kanatami, stated he was pleased with the court decision.

"I am sure Inuit and all Canadians would prefer to see all involved working together constructively to build a better Arctic, given the environmental and economic challenges the Arctic is facing," he stated in a press release.

The federal government did not respond to Nunavut News/North's request for a comment by press time.

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