Derek Neary
Northern News Services
Monday, April 9, 2007

IQALUIT - The federal government is arguing that Nunavut Tunngavik's $1 billion land claim lawsuit should be dismissed with Nunavut Tunngavik picking up the costs.

The federal statement of defence, was filed with the Nunavut Court of Justice on March 30.

In December, Nunavut Tunngavik Incorporated (NTI) launched the court case, seeking $1 billion in compensation for what it deemed government failures to meet land claim obligations.

Had the federal government lived up to its part, more Inuit would have been trained and working for the government, and thereby generating greater incomes, NTI asserted. As well, Inuit-owned businesses would have benefitted from various contracts following implementation of the claim, according to Nunavut Tunngavik.

The government's response is that the land claim does not create any legal right to a government job for any individual Inuk.

Therefore any allegation of lost wages is "speculative" and "too remote." The federal government takes a similar tack in regards to contracts for Inuit-owned business, stating that Article 24 of the land claim does not legally compel the government to award contracts to any individual Inuit company, so damages aren't warranted.

The government also asks for particulars of any supposed lost business, and argues that NTI cannot seek damages on behalf of any Inuit business.

Three years of negotiations to update the land claim stalled in 2004. Ottawa then appointed Thomas Berger as a conciliator.

Berger released a report in 2006 indicating that tens of millions more in education funding is needed in Nunavut.

Nunavut Tunngavik filed more than a dozen other grievances in its statement of claim.

The federal government is denying them.

"The Crown does not seek to erode, delay or minimize the scope and substance of the benefits promised to the Inuit under the agreement and at all times has fulfilled its obligations under the agreement, including providing adequate funding," the statement of defence reads.

As of March 30, 2007, NTI continues to refuse to attend meetings of the Implementation Panel, thereby preventing resumption of negotiations between the parties."

The trial is to be held in Iqaluit. A date has not yet been set.