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NUNAVUT
A proposal has been made to speed up court proceedings in a lawsuit allegedly prompted by the Government of Canada saving millions of dollars by delaying a Nunavut monitoring plan.

Justice Earl Johnson heard arguments and will decide whether the court can rule on part of a lawsuit between Nunavut Tunngavik Inc. and the federal government without a full trial.

NTI recently filed a partial summary judgment motion in connection with its lawsuit against the Government of Canada, a motion argued at the Nunavut Court of Justice in Iqaluit on Feb. 13 and 14.

The Inuit land claims organization filed the motion based on, what it says, is the failure of the Crown to create the Nunavut General Monitoring Plan 18 years ago under the Nunavut Land Claims Agreement. The plan would track social, economic and environmental changes in the territory.

The organization seeks the $14 million it argues the Government of Canada saved in delaying the implementation of the monitoring plan.

Dougald Brown, NTI's lead counsel on the case, said the motion allows the court to decide on all or part of a claim without the delay and expense of a full trial. The rest of the case will continue its normal course.

"In this case, the court has all the evidence before it. There is no real dispute on what happened and we said the law is clear," he said. "We felt we have a strong case for summary judgment in this case on the evidence and on the law."

He added NTI has also argued the government started working on the plan only after the Inuit land claims organization launched its lawsuit in 2006. Brown said the government approved the plan's business case in 2008 and the funding in 2010.

"So, our argument is by delaying for six or seven years, they saved about $14 million," he said. "Our argument is it's unfair for the government to realize the saving as a result of their own breach of a land claim agreement. In the particular circumstances of this case, our argument is the government should pay over that savings as damages."

On the other side, the Crown wants NTI's motion dismissed on the grounds it cannot succeed based upon the evidence and pleadings before the court, stated Derrick Pieters, director of communications for the Prairie region - which includes Nunavut - with Justice Canada, via e-mail.

"NTI has not properly plead nor proved each and every fact to support the relief which it seeks," he stated.

The judge has reserved judgment on this case until an undetermined future date.

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