Home page

Text size

E-mail this page

NUNAVUT - Nunavut Tunngavik Inc.'s (NTI) $1 billion lawsuit against the federal government - claiming Canada has failed to live up to provisions within the Nunavut Land Claims Agreement (NCLA) - is a year and a half old and the parties involved in the lawsuit probably won't be determined until early next year.

In May, Justice Earl Johnson of the Nunavut Court of Justice ruled against the federal government in its attempt to bring in the Government of Nunavut as a co-defendant in the lawsuit.

On May 8, federal lawyers appealed the decision at the Nunavut Court of Appeal.

Lorraine Land, a lawyer with the Government of Nunavut, said the appeal, which was slated to be heard in mid-September, had been bumped back and would most likely be heard on Feb. 25 of next year.

After filing the appeal, federal lawyers then filed a motion May 28 to have the Government of Nunavut brought into the lawsuit as a third party.

This means that if the federal government's appeal to have the GN brought in as a co-defendant in the suit is dismissed in appeals court, then this second motion would go in front of the courts.

A spokesperson for Indian and Northern Affairs Canada (INAC) said Ottawa's view is that the GN has clear obligations and responsibilities under the land claim agreement.

"The successful implementation of the Nunavut Land Claims Agreement, which led to the establishment of the territory, is a shared responsibility of both the Government of Nunavut and the Government of Canada," said Margot Geduld, senior communications advisor with INAC.

NTI and the Government of Nunavut have both disputed this claim, arguing that the land claims agreement is explicitly a two-party agreement between the Inuit people of Nunavut and Canada.

Geduld, however, pointed to an April 11 written submission by Justice Johnson, which stated that should the GN be found liable in trial, it can be addressed in third party proceedings.

"In his decision, Justice Johnson indicated it would preferable that the Government of Nunavut be added as a third-party," said Geduld in an e-mail interview.

"This would ensure the Government of Nunavut's participation in the process, even if it is not a full defendant in the action," she said.

The difference between being considered a co-defendant and a third party is that defendants are on the hook for original liability, while a third party can be seen as collaterally responsible, a lawyer with NTI said.

Asked whether a third party could be liable financially to provide compensation under the lawsuit, Land said, "it is possible."

"It is too early to comment on compensation where no defence to the third party notice has been filed and therefore the issue of compensation is speculative at this time," said Geduld.

Lawyers from both sides are still exchanging lists of the more than 1,000 documents that will be part of the lawsuit, and have not yet begun handing over actual materials.

The $1 billion lawsuit could set precedents on the liability of the federal government on their delivery of terms under present and future land claims around the country.

- with files from Karen Mackenzie