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Letter to PJ at QIA Wrt The August 24, 2020 PJ Akeeagok President Qikiqtani Inuit Association Iqaluit, NU Sent via Email: [email protected] RE: North Baffin Community Concerns with Inuit Certainty Agreement and QIA Community Engagement Dear PJ Akeeagok: We, the Chairs of the Hunters and Trappers Organizations (HTOs), and Mayors of the Hamlets of the communities of Mittimatalik, Igloolik, Sanirajak, Arctic Bay, and Clyde River, are writing to express collective concerns around the Inuit Certainty Agreement (ICA) and the consultation the Qikiqtani Inuit Association (QIA) has had with our respective organizations. In February 2020, we met with you, your staff, and advisors in Iqaluit. We discussed our issues regarding the Phase 2 project. We reviewed matters presented by the QIA with respect to Inuit Committees, benefits, royalties, and a path forward to making Inuit decisions on Phase 2. The QIA suggested that Inuit would be provided certainty around the project with a “Draft Agreement in Principle” (AIP) to be prepared by Baffinland. This would address changes in the current Project and Inuit benefits, as well as changes to Inuit benefits resulting from the Phase 2 proposal. Baffinland, in correspondence to the QIA, indicated that a key component of the AIP would be a commitment to support Phase 2, should all identified issues be addressed. We expressed concerns that we were not comfortable discussing benefits until impacts had been appropriately and adequately considered and addressed through the assessment process. At that time, we indicated to you that we did not want to sign an agreement around the Mary River Phase 2 project. We advised your team that we were not satisfied with Baffinland’s understanding and assessment of impacts, and that we were not ready to begin discussion around an AIP. We contributed this feedback to the proposed development of an agreement with Baffinland in good faith. We expected this would be reflected in QIA’s work with Baffinland. In June, despite making our position clear, we were advised that the QIA and Baffinland had signed the ICA. We have serious concerns with the development of the ICA. It occurred without meaningful input from our organizations. We take issue with some of the content of the ICA. We are not supportive of QIA’s position on Phase 2 being dictated by the terms of this agreement. Section 7.3 of the ICA reads as follows: “The parties acknowledge that approval of this Agreement, including all Schedules, and all matters pertaining thereto, by the QIA Board of Directors and execution of this Agreement requires QIA being satisfied that adequate consensus has been demonstrated in the !1 Communities to support this Agreement as determined by QIA in its reasonable discretion.” (emphasis added) With regard to the requirement that approval of the ICA requires that QIA be satisfied (as determined by QIA in its discretion) that adequate consensus has been demonstrated in the communities to support the ICA, we are requesting clarification on the significance of QIA signing the agreement on June 16. How should this be interpreted? Has QIA signed an agreement that has yet to be executed, and to be executed is still dependent on “adequate concensus”? How does QIA intend to determine the matter of “adequate concensus”? What constitutes “reasonable discretion”? We do not believe there is adequate consensus for the ICA in the communities we represent to warrant, at this time, approval for the Phase 2 Proposal. We are concerned that QIA’s determining “adequate consensus” among communities is to be utilized at the Final Hearing, with the result of that determination being a letter to the NIRB and Minster in support of approval of the Phase 2 project. We expect QIA to represent and be reflective of Inuit concerns and those of our communities. Both the content and the process of putting together this ICA suggests that it may be difficult for the QIA to adequately represent our concerns and issues. We have not had meaningful discussions with your team regarding details of the ICA, or about QIA’s technical concerns that it is claimed the ICA has addressed. We have still not had an Inuktitut summary of the ICA provided to us. This has unfairly limited our ability to fully understand the ICA and to discuss the contents with your team. We also note that you have made calls to individual members of our Councils and Boards with regard to the ICA and the Phase 2 Project. We respectfully ask that you focus your calls and direct correspondence to the official channels of the Hamlets and HTOs, and respect our democratic process and the role of elected representatives. QIA requested Baffinland cancel its planned community consultation meetings earlier this year and instead allow the QIA to communicate with Inuit. We submit that Baffinland disengaging from our communities has not helped the situation. We would prefer to hear from Baffinland and we are disappointed the QIA intervened to limit the discussions between the Proponent and community organizations. This was not at the request of our HTOs and Hamlets. This is especially important in light of Article 5.6(d) of the ICA, which states: 5.6 (d) “QIA being reasonably satisfied that adequate consensus within the Hamlets of Arctic Bay, Pond Inlet, Igloolik, Sanirajak, and Clyde River (the “Communities”) exists for support of this Agreement at the NIRB Final Public Hearing, then QIA agrees that the commitments by BIMC in this Agreement will provide NIRB and the Minister with a strong foundation for their review and approval of the Phase 2 Project and QIA agrees to communicate this view to NIRB and to the Minister.” Simply stated, agreement among some members of our Councils and Boards with regard to the ICA and the Phase 2 project does not constitute an “adequate concensus”. As mayors and chairs of the HTOs, we are responsible for developing a concensus in our communities based on a balanced and fair consideration of all the issues involved in this Proposal. Through the ICA, QIA has demonstrated a particular interest in the outcome of the hearing process, and has a particular bias that must be balanced by a fair and complete consideration of all issues and concerns. Ensuring that this happens is our responsibility as mayors and chairs of the HTOs. We insist that we be your primary and most important point of contact in our communities. !2 The QIA is a land owner, negotiator, and has responsibility and oversight with regard to different priorities and resources than those of our HTOs and Hamlets. We respectfully reserve the right to determine agreement with the project based on our own findings; separately and distinct from the ICA and the QIA’s determination. Despite our disagreement with the process by which the ICA has been developed, and our hesitation to agree with all of its content, we remain open to further discussions with the QIA about the ICA, our technical concerns, and the ways we would like to be engaged on this matter. We appreciate the sincere effort of your staff and team to address technical issues and find a path forward on many of these topics, and acknowledge the hard work that has been put in to the impact assessment and negotiation of benefits to date. We trust that this letter provides the QIA with greater certainty regarding our position on the ICA and our expectations for the process moving forward. Sincerely, The Mayors and HTO Chairpersons of Mittimatalik, Igloolik, Sanirajak, Arctic Bay, and Clyde River CC: Aluki Kotierk, President, Nunavut Tunngavik Incorporated Joe Attagutaluk, Secretary-Treasurer QIA Mike Jaypoody, Clyde River Community Director QIA Abraham Qammaniq, Sanirajak Community Director QIA Charlie Inuarak, Pond Inlet Community Director QIA The Honourable Joe Savikataaq, Premier of Nunavut/Minister of Environment The Honourable David Akeeagok, Minister of Economic Development and Transportation David Qamaniq, MLA Tununiq Mumilaaq Qaqqaq, MP, Nunavut The Honourable Daniel Vandal, Minister of Northern Affairs The Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations Stephanie Autut, Executive Director, Nunavut Water Board Brian Penny, CEO, Baffinland Karen Costello, Executive Director, Nunavut Impact Review Board !3 .
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