Nunavut Land Claims Agreement

Nunavut Land Claims Agreement
Name	Nunavut Land Claims Agreement
Long name	Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada
Date signed	May 25, 1993
Location signed	Iqaluit, Northwest Territories
Date effective	July 9, 1993
Signatories	Tungavik Federation of Nunavut, Government of Canada, Government of the Northwest Territories
Parties	Inuit of the Nunavut Settlement Area, the Crown
Language	English, French, Inuktitut

Nunavut Land Claims Agreement. It is the largest comprehensive land claim settlement in Canadian history, establishing Inuit ownership over a vast portion of the Canadian Arctic. The agreement, signed in 1993, was a pivotal step toward the creation of the Nunavut territory in 1999, fundamentally reshaping political and economic life in the North. It provides the Inuit of the Nunavut Settlement Area with constitutionally protected rights to lands, resources, and self-governance, serving as a modern treaty under Section 35 of the Constitution Act, 1982.

Background and Negotiations

The push for a land claim emerged from longstanding Inuit assertions of Aboriginal title and dissatisfaction with federal administration, particularly following the relocation programs of the Cold War era. Early political organizing by groups like the Inuit Tapiriit Kanatami and the testimony of leaders such as John Amagoalik and Tagak Curley laid the groundwork. Formal negotiations began in earnest after the 1973 Calder v British Columbia (AG) decision, with the Tungavik Federation of Nunavut established as the principal Inuit negotiating body. The process was complex, involving the Government of Canada, the Government of the Northwest Territories, and spanned decades, influenced by other agreements like the James Bay and Northern Quebec Agreement and the Inuvialuit Final Agreement.

Key Provisions and Structure

The agreement's core is the exchange of undefined Aboriginal title for defined rights and benefits across the 2.1 million square kilometre Nunavut Settlement Area. Key components include title to approximately 350,000 square kilometres of Inuit Owned Lands, including subsurface rights to 36,000 square kilometres. It guarantees Inuit participation in wildlife management through institutions like the Nunavut Wildlife Management Board and provides preferential hunting rights. The accord also includes a $1.148 billion capital transfer, a share of federal royalty revenues from resource development, and detailed provisions for impact and benefit agreements with developers.

Creation of Nunavut Territory

A central and unique political objective of the claim was the establishment of a new public government territory. The Nunavut Act, passed by the Parliament of Canada concurrently with the land claim, legally created the Nunavut territory, with its capital at Iqaluit. This fulfilled the Inuit vision of Nunavut Tunngavik Incorporated for a jurisdiction where Inuit form the majority population and can influence governance. The official inauguration on April 1, 1999, marked the first major change to Canada's map since the entry of Newfoundland into Confederation.

Inuit Rights and Benefits

Beyond land ownership, the agreement secures specific harvesting rights for species like polar bear, caribou, and marine mammals within the Nunavut Settlement Area. It establishes principles of wildlife conservation and environmental protection, requiring Inuit input on development projects. The financial components, managed by Nunavut Tunngavik Incorporated, are designed to support economic self-sufficiency. Individual beneficiaries also received rights to enroll in the Inuit Enrolment List and participate in future governance structures, ensuring direct benefits from the treaty.

Governance and Institutions

The agreement created several co-management boards with equal representation from Inuit and government, such as the Nunavut Planning Commission and the Nunavut Impact Review Board. These institutions hold significant authority over land use planning, project assessment, and wildlife management. Nunavut Tunngavik Incorporated was established to represent Inuit, manage financial assets, and ensure implementation. Furthermore, the treaty committed parties to negotiate an Inuit Impact and Benefit Agreement for the establishment of Nunavut's government, which later informed the structure of the Legislative Assembly of Nunavut.

Implementation and Legacy

Implementation has been an ongoing process, marked by both achievements and challenges, including litigation over the federal government's fiduciary duties. The agreement's legacy is profound, serving as a model for other negotiations like the Tłı̨chǫ Agreement. It transformed the Canadian Arctic's political landscape, empowering Inuit as major stakeholders in regional development and conservation. The treaty remains a living document, fundamentally shaping policy on issues from mining in the Kitikmeot Region to sovereignty assertions in the Northwest Passage.

Category:Treaties of Canada Category:Inuit Category:1993 in Canada