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No seismic testing in 2015
Companies decide to hold off for this year while Clyde River waits for court decision

Casey Lessard
Northern News Services
Friday, May 29, 2015

KANGIQTUGAAPIK/CLYDE RIVER
Opponents of seismic testing off Baffin Island's eastern shore received "welcome" news May 25.

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Clyde River Mayor Jerry Natanine received news May 25 that the companies planning to perform seismic testing in Baffin Bay and Davis Strait will not perform such testing in 2015. - NNSL file photo

That evening, Nader Hasan, the lawyer for the Hamlet of Clyde River, Mayor Jerry Natanine, and the Hunters' and Trappers Organization, received a call from the companies' lawyers saying that seismic testing would not occur in 2015.

"This development is a welcome one," Natanine stated in a release. "It means that my community can focus on doing the things we ordinarily do during the summer months rather than gearing up immediately for more court battles."

The appeal comes after the National Energy Board granted the three companies - Petroleum Geo-Services Inc. (PGS), Multi Klient Invest AS (MKI), TGS-NOPEC Geophysical Company ASA (TGS) - a five-year licence to conduct a seismic survey in Baffin Island and Davis Strait.

Hasan said in an interview that he had asked the companies to maintain the status quo until the court had decided, and they surpassed his request, telling him they would hold off on testing for 2015.

"The decision to put a freeze on seismic testing is a sensible one," Hasan stated. "This case is currently before the court. It is important to preserve the status quo on the ground while the court is considering the case."

Opponents of seismic testing are concerned that the airguns used to search for faults on the ocean floor - which can reveal where oil and gas deposits lie - will be harmful to marine mammals and fish, and could negatively affect the Inuit way of life. Seismic airguns emit sounds up to 230 decibels, 100,000 times louder than a jet engine, and testing involves repeating the sounds every 15 seconds for 24 hours a day.

Hasan said he had no information about why the companies made their decision, but confirmed it was not precipitated by a decision from the Federal Court of Appeal. He could not say whether this would affect the court's impetus to expedite the case, which was being done to bring forward a decision before the proposed summer testing. Testing was set to start July 1, and Hasan had requested a decision from the court before then.

Greenpeace Canada is funding the appeal and Arctic campaigner Farrah Khan credited public outcry for the decision.

"What this decision tells us is that people power does work," Khan stated in a release. "It is unlikely that the industry would have taken this decision if not for the strong and vocal opposition from Inuit, and the incredible support they received from around the world."

This decision by the companies buys Hasan and Clyde River more time to prepare for the possibility that the court may decide against the hamlet. Had the companies not cancelled the summer testing, had the court decided against the hamlet, and had his clients wanted to continue to fight, Hasan would have had to prepare an emergency stay on seismic testing in order to prepare a case at the Supreme Court. Such an emergency measure is no longer required.

Of course, Clyde River remains hopeful the Federal Court of Appeal will rule in its favour. Arguments in the case concluded in April, but a ruling has not yet been released.

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