NUNAVUT
Nunavut Tunngavik Inc. (NTI) tentatively settled its 10-year-old $1-billion lawsuit against the federal government, president Cathy Towtongie stated in a news release March 9, the same day the matter was to be heard in court.

Instead of hearing arguments at the Nunavut Court of Justice in Iqaluit, Justice Earl Johnson began proceedings by saying he'd received a letter on March 6 from Dougald Brown, Nunavut Tunngavik Inc.'s legal counsel, notifying him of the tentative settlement in the 2006 lawsuit.

The settlement is subject to ratification by the parties, which includes the Government of Nunavut.

In the lawsuit brought against the Government of Canada, NTI alleges the government failed to meet requirements under the Nunavut Land Claims Agreement (NCLA), mainly that it failed to adequately fund education in the territory. As a result, the land claim's promise of meeting an 85 per cent Inuit employment rate with the government of Nunavut, a proportion equal to the population, has never been met as set out in article 23 of the land claims agreement.

In an interview when he was re-elected as NTI vice president Dec. 8, James Eetoolook told Nunavut News/North that the lawsuit was one of the most significant upcoming events of the coming new year.

"That's an ongoing thing. Our decision was legitimate to take it to court. The Canadian government is not implementing the agreement the way they should. They have to live up to their commitments. Hopefully the outcome will satisfy everyone – the government and the beneficiaries of the agreement," Eetoolook said.

According to documents filed by NTI, the federal government at the time was allegedly guilty of 16 breaches, including the final one, "consent to use the arbitration process provided for in the agreement to resolve funding and other issues relating to the implementation of the agreement has been unreasonably withheld."

An important tool to implement the agreement was the NCLA Implementation Contract between NTI, the Government of Nunavut – which is why it is named in this suit – and the Government of Canada. That contract expired in 2003 and in 2004 negotiations to renew it stalled. In 2005 the federal government appointed Thomas Berger as conciliator.

Berger's final report in late 2005 focused on article 23. As it relates to the percentage of Inuit employed by the GN, he stated, "The problem is not on the demand side of the equation. The Government of Nunavut has strived mightily to provide opportunities for virtually all qualified Inuit. The problem is that the supply of qualified Inuit is exhausted.

"Only 25 per cent of Inuit children graduate from high school, and by no means all of these graduates go on to post-secondary education. The types of jobs where the need for increased Inuit participation is most acute – such as the executive, management and professional categories – have inescapable educational requirements."

He recommended a bilingual education system as the only way to increase graduation rates.

"An English-only education system is not workable and will not serve the objective of article 23. English-only schools have been tried in Cambridge Bay and Kugluktuk and the failure rates are no better there.

"The only solution, supported by studies and experience from around the world, is a system in which all students learn in their native language and English from kindergarten to Grade 12."

Berger also stated that because Inuktitut is the language of 85 per cent of the population, Inuktitut should be "the language of the governmental workplace in Nunavut and the language of the delivery of government services. But it is not. The principal language of government in Nunavut is English. So the people of the new territory speak a language which is an impediment to obtaining employment in their own public service."

Another sticking point, among many, is "proper and adequate funding for the Nunavut Planning Commission, the Nunavut Impact Review Board, the Nunavut Water Board, the Nunavut Wildlife Management Board and the Surface Rights Tribunal."

In fact, the Nunavut Planning Commission itself brought a lawsuit against the federal government for allegedly blocking the completion of the Nunavut-wide land use plan last August. It's unclear if the tentative agreement reached March 9 will address that matter.

NTI did not elaborate on the tentative agreement, stating only, "Details of the settlement will be disclosed once the agreement has been considered and approved by NTI, the Government of Canada and the Government of Nunavut."

A court date to apprise Johnson of progress has been scheduled for the afternoon of April 22.

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