OTTAWA
The final wait begins for Jerry Natanine, the community of Clyde River and lawyer Nader Hasan, who appeared at the Supreme Court of Canada in Ottawa Nov. 30.
Residents of Iqaluit gather to suppport Clyde River Nov. 30 2016. - Michele Letourneau/NNSL |
For Natanine, his job for the past two years was simple – to do what the people of Clyde River asked him to do.
"To try and stop the seismic testing from happening," he told Nunavut News/North the next day.
It's been a battle ever since, culminating in this final appeal in the highest court in Canada.
Hasan presented the case before nine justices, seeking to overturn the National Energy Board's 2014 decision to grant three companies – Petroleum Geo-Services Inc. (PGS), Multi Klient Invest AS (MKI), and TGS-NOPEC Geophysical Company ASA (TGS) – a five-year licence to conduct a seismic survey in Baffin Bay and Davis Strait.
"The other side in our case, to be clear – there are two respondents," said Hasan. "There is the energy companies, represented by one set of counsel, and then there's the Government of Canada. The Government of Canada's position was aligned with the proponents' position.
"We have a government that is pro-indigenous rights and reconciliation in rhetoric but cases like this are where the rubber hits the road."
Natanine is disappointed with the Canadian government and to this day has no idea what's in it for them.
"In Nunavut we consider ourselves good Canadians. We're proud of that. I am, too. It was totally disappointing. That's really something else, for me. I thought the Government of Canada would be looking out for its people, and not trying to destroy their livelihood," he said.
The Clyde River case is of national importance as it will deal definitively with the Crown's duty to consult and accommodate indigenous people. The Chippewas of the Thames First Nation near London, Ont., who presented similar arguments in a case against Enbridge Pipelines, went first.
Hasan says he's never seen so many people appear in support.
"I've been at the court before for big cases, very big cases but I've never seen so many people. At the court outside, inside. There were three overflow rooms watching the proceedings on the live feed. There wasn't enough room for people in the courtroom," he said. "The amount of support that Clyde River and the Chippewas of the Thames have been getting from these cases – locally at the court yesterday but also, around the country, around the world – has just been so impressive."
Natanine, who said he cries almost every day, says the energy was unbelievable.
"Such an emotional time. It was just amazing, the power that was there. All the chanting and the drumming. Plus there was a Nunavut Sivuniksavut group performing and drumming. People coming up and saying we're doing the right thing," he said.
Natanine says he's grateful for all the supporters. Hasan also said it's validating to witness the outpouring of support.
"It just reaffirms our belief, and our commitment, that we are on the right side of history, that this is about basic fundamental rights, the right to eat and the right to be treated as equal partners in this project that is Canada. The Inuit have a treaty right and that treaty right must mean something."
Natanine remembers the exact moment he made the decision to fight. He visited his parents after a meeting with the National Energy Board and the companies.
"It was kind of crazy, crazy words were said. It was quite emotional. When that was over, I went to my parents' place and told them, 'This is what's going to happen,'" he recalls.
"My father started telling me the way it was in the '70s when they did seismic work with dynamite and he told me to try and stop it, and to do everything I can to stop it. That was the moment I jumped on the opposition bandwagon."
Greenpeace has been footing the bill for the battle, with the Qikiqtani Inuit Association contributing funds at the beginning.
Hasan says there is no timeline for a decision, and had previously told Nunavut News/North the wait could be as long as eight months.
"Part of the reason being the Supreme Court of Canada is not simply writing for the parties. This case, first and foremost, is about the Inuit but what the Supreme Court writes in this case is going to have direct implications on every major regulatory decision affecting Inuit and indigenous rights across Canada," he said.
"Including a couple of big cases coming up, including what is likely to be a very hard-fought battle against the Kinder Morgan pipeline decision."
He says the decision the justices write will be binding precedent on any major energy extraction project related case.
Natanine will head home and enjoy his time while he waits.
"If we should lose and they should seismic test next year, I've got to catch a couple of seals or something," he says wryly.
Hasan explained the day at court was straightforward, with lawyers presenting arguments.
"In an appeal, the record is set, the facts are set – there's no testimony. The evidence is what the evidence was in the courts below. This is just about legal arguments. This is essentially the judges and lawyers having a conversation," he said.
"The difficult thing about the Supreme Court of Canada is it's very hard to read tea leaves. We don't know what the judges were thinking yesterday when they retired to their conference room. And we definitely don't know what they're going to be thinking a few weeks from now.
"All we could have asked for yesterday was for a fair hearing. We got a fair hearing. We put our arguments forward. We believe our arguments are right. We believe the law is on our side. We believe the facts are on our side. We believe history is on our side."
However, Natanine says he has a good feeling.
"A real good feeling that the judges are going to go our way because it's the right thing to do ... In the world right now, we're trying to get out of fossil fuels and be good to our neighbours in other countries. It all comes down to the Supreme Court judges and I hope they rule in our favour."
Natanine says Hasan's final argument lifted his spirits.
"He's unbelievable. He's a great lawyer. We're very fortunate to have him. My spirit was brought back up and I was feeling good by that time," he said, adding Nov. 30 was also his late brother's birthday.
"He's been dead 20 years or so. It was a really special day – he was special to me growing up so that was a big plus on top of everything. It was a very special day."
