IQALUIT
In a decision that could have far-reaching consequences beyond the Mary River project, the Nunavut Planning Commission says "ice physically links Inuit to their culture and values," and therefore ice-breaking to give Baffinland access to iron ore from the North Baffin mine during freeze-up months is not permitted.

It's the commission's first negative conformity decision in its history.

The decision to bar ice-breaking for the mine comes after Baffinland requested permission to extend its originally planned three-month transport route, operating during open water months, to 10 months per year.

"Ice is an essential part of life in the North," states the NPC conformity decision, which outlines whether ice breaking conforms to the North Baffin Regional Land Use Plan (NBRLUP). ""For people, for polar bears, for seals and other animals in the North, ice is a bridge - both metaphorically to the past and present Inuit values and activities, and as a fact. The proposed ice breaking activity for winter shipping would prevent or prohibit wildlife harvesting and traditional activities."

In particular, the ice-breaking would open the water between Pond Inlet and Bylot Island as part of breaking the ice between the port at Milne Inlet and Baffin Bay.

The effects of ice-breaking on the early degradation of the floe edge, critical to the hunting culture, were also considered in the decision.

The NBRLUP was amended last year to include a transportation corridor related to the project, and at the time, "the commission was specifically asked not to consider whether to allow for ice breaking in that corridor," the decision states.

The commission indicates in its decision that Baffinland, early in the process, suggested that ice-breaking was not being considered, and had said so in a direct question about the practise during the public review.

But with the proposed amendment, the indication is that Baffinland always intended to do ice-breaking, according to the decision.

In fact, Baffinland pointed to Appendix Q in its proposal to show that it had always intended to do so.

Baffinland requested permission to navigate the waters as a transportation route, and said it will not interfere with traditional activities. However the decision states that "navigation through ice" does not conform with the land use plan, and as such is the cause for the refusal to allow ice-breaking.

Baffinland has a few options going forward. It can apply to the government for an exemption from the NBRLUP; make changes to its proposal and resubmit; apply for changes to the land use plan; or re-evaluate its project proposal.

Nunavut News/North was unable to reach Baffinland for comment.

We welcome your opinions. Click here to e-mail a letter to the editor.