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Judge halts High Arctic seismic project

Jeanne Gagnon
Northern News Services
Published Monday, August 9, 2010

IQALUIT - The Nunavut Court of Justice has agreed to temporarily stop seismic testing in High Arctic waters at the request of the Qikiqtani Inuit Association.

This means the Eastern Canadian Arctic Seismic Experiment scheduled to start today in Lancaster Sound, Jones Sound and North Baffin Bay is on hold indefinitely.

"On the whole of the evidence presented, I am satisfied that Inuit in the five affected communities will suffer irreparable harm if an injunction is not granted," Justice Sue Cooper wrote in her 13-page decision, released Sunday afternoon. "There is no compelling reason why the testing must proceed this year."

The judge stated that the seismic program, as planned, would have an impact on marine life and, by extension, an Inuit food source and part of their culture.

Lawyers from the Qikiqtani Inuit Association (QIA) as well as the federal and territorial governments argued their cases in court Aug. 5 and 6. The judge issued her decision one day before the seismic program was set to start.

The QIA alleged in court that the federal and territorial governments did not "meaningfully" consult and accommodate the interests of the affected Inuit. The federal and territorial governments countered that the consultations were indeed "meaningful."

The judge would not rule on that point, simply stating in her decision that will be a matter decided at trial.

"The scope of the duty to consult and accommodate will be a significant issue at the trial of this matter," Cooper wrote.

Natural Resources Canada issued a statement shortly after the ruling came out, stating it is remains committed to learning more about the geology of the North.

"This scientific information will also be valuable in establishing a proposed marine conservation area in Lancaster Sound," the statement reads.

The Nunavut Research Institute would not comment. Lawyers for the other parties involved could not be reached for comment.

The Eastern Canadian Arctic Seismic Experiment was set to be conducted in Lancaster Sound, Jones Sound and Baffin Bay between July 31 and Oct. 15 after the Nunavut Research Institute issued the licence on July 23. The Canada-Nunavut Geoscience Office will conduct the program in partnership with the federal and territorial governments and the German Institute of Geoscience.

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