Nunavut court allows polar bear hunt
Darrell Greer
Northern News Services
Coral Harbour (Jan 10/01) - The Nunavut Court of Justice has chosen traditional hunting rights over a minister's concern for public safety.
Last week, Justice R.G. Kilpatrick overturned former Sustainable Development minister Peter Kilabuk's decision to deny Coral Harbour hunter Noah Kadlak the right to traditionally hunt polar bear using a spear and dogs.
In an eight-page ruling, Kilpatrick said Kilabuk's refusal to allow the Nunavut Wildlife Management Board's (NWMB) approval of Kadlak's hunt infringed upon Inuit rights, according to the Nunavut Land Claims Agreement.
The court's ruling couldn't have come at a better time for Nunavut Tunngavik Inc. NTI challenged Kilabuk's decision, and is working with Sustainable Development and the NWMB on a new Nunavut Wildlife Act.
"This decision comes in a very timely manner with us working on a new act which will recognize Inuit rights acquired through the Final Agreement," says NTI president Paul Quassa.
"With this ruling, we hope if future questions such as this arise, those involved will realize defined Inuit rights in the Final Agreement are going to be respected."
The NWMB approved Kadlak's hunt in 1998. But Stephen Kakfwi, who was the GNWT Sustainable Development Minister at the time, turned down the approval out of concern for public safety.
After the NWMB changed the conditions of the hunt, Kakfwi turned the matter over to the Nunavut Government in 1999.
Kilabuk upheld Kakfwi's decision.
Olayuk Akesuk, who is currently the minister of Sustainable Development, will have to review Kilpatrick's decision.
Quassa says Akesuk has little choice but to endorse the judge's decision.
"The court ruling states very clearly that the minister cannot disallow this type of a hunt again. We are confident that we can now move forward with legislation for a new Wildlife Act that will be fully supportive of Inuit hunting practices and skills."
Akesuk has 30 days to respond to the ruling.
A spokesperson said Akesuk is expected to make a statement this week after reviewing the court's decision.
