NATIVE PEOPLES |
Nunavut Tunngavik Inc. v. Canada (Attorney General)
T-1628-01
2003 FCT 654, Snider J.
26/5/03
16 pp.
Application for judicial review of decision of Minister of Indian Affairs and Northern Development withholding approval of licence issued by Nunavut Water Board (NWB) to Municipality of Iqaluit--In 1993, Government of Canada entered into Agreement between the Inuit of the Nunavut Settlement Area and her Majesty the Queen in the Right of Canada--Inuit of Nunavut exchanged Aboriginal title to lands and waters in Nunavut Settlement Area for treaty rights set out in Agreement--In September 2000, Municipality applied to NWB for renewal of water licence to expire on December 31, 2000--Minister not willing to approve licence as issued to Municipality--Whether Agreement provides, expressly or by implication, licensing decisions of NWB subject to Minister's approval--Under Agreement, negotiating parties intended regulatory regime set out in Northern Inland Waters Act (NIWA) to continue except as varied by Agreement--No dispute water use licences issued by Northwest Territories Water Board under NIWA, Northwest Territories Waters Act (NTWA) required ministerial approval--Nunavut Waters and Nunavut Surface Rights Tribunal Act also including ministerial approval requirement--Whether, after creation of NWB and before coming into force of Nunavut Waters Act, provisions of Agreement operate to remove requirement for ministerial approval--Agreement not intended to be complete source of power, authority for NWB--NTWA continued to have force and effect in Nunavut, before and after ratification of Agreement, creation of NWB, creation of Nunavut on April 1, 1999--On face of Agreement, art. 13.7.1 not providing for ministerial approval--Art. 13 not intending to describe in detail regulatory regime for water management--Requirement for ministerial approval set out in NIWA not removed by Agreement, continues as provided for in NIWA--Other provisions of Agreement explicitly providing for ministerial approval--Goal of Agreement to ensure meaningful role for Inuit in decision-making--Requirement for ministerial approval not resulting in inconsistency, contradiction between provisions of Agreement, applicable legislation--Minister had legal authority to withhold approval of licence issued by NWB--Application dismissed--Northern Inland Waters Act, R.S.C., 1985, c. N-25--Northwest Territories Waters Act, S.C. 1992, c. 39--Nunavut Waters and Nunavut Surface Rights Tribunal Act, S.C. 2002, c. 10.