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Nunatukavut Community Council Inc. Name: Todd Russell, President Address

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Nunatukavut Community Council Inc. Name: Todd Russell, President Address . .' Application for Standing and Funding at the Commission of Inquiry Respecting the Muskrat Falls Project The Applicant: NunatuKavut Community Council Inc. Name: Todd Russell, President Address: Happy Valley-Goose Bay NL,_ 2024400 Introduction Please accept this application by NunatuKavut Community Council ("NCC") for funding and full standing in the Commission of Inquiry Respecting the Muskrat Falls Project ("Inquiry"). Part A of this application explains why NCC should be granted full standing to participate in the Inquiry. Part B outlines why NCC should be granted funding in order to adequately participating in the Inquiry process. NCC acknowledges that this application is being submitted after the specified deadline. The factors generally considered in deciding to accept a late filing are: a) Whether there is good faith intention to continue with the application; b) Whether there is a reasonable excuse for the late filing; c) The merits of the application; and d) Whether any prejudice will arise from the delay.1 The good faith intention underlying this application by NCC is to contribute to the Inquiry to insure that that the Commission has all relevant information and perspectives in order to make the appropriate findings and recommendations. NCC fully intends to participate in each Phase of the Inquiry. This application is delayed as a result of mere inadvertence on the part of NCC; it has always been our intention to apply for standing. Our attention has been focused on building capacity amongst our members to address issues such as this very Inquiry (see paragraphs 2-3 and 6 of the attached Affidavit of Todd Russell). The sole purpose of this application is to make sure the Inquiry has the opportunity to hear from all relevant parties and consider the firsthand evidence of NCe. Part A of this application, below, canvasses the merits behind this application; by detailing the nature of the relationship between NCC, Nalcor, and the Muskrat Falls Project. Given that a decision has been reserved for Indigenous applicants seeking standing, and that Phase 1 of the Inquiry is not scheduled to begin until September 2018, no parties will be prejudiced if NCC is granted standing in the Inquiry. 1 See Tizzard v Tizzard, 2017 NLCA51; see also Canada (Attorney General v Hennelly, 1999 CarsweliNat 967 (FC Appeal Division). 2024400 We are confident that after considering the interconnectedness between the Muskrat Falls Project and NCC and Nalcor, along with NCC being the Indigenous group most affected by the Muskrat Falls Project, standing will be granted. Part A - Standing Who we are NunatuKavut means "Our Ancient Land." It is the territory of the Inuit of NunatuKavut, 'the Southern Inuit, who reside primarily in southern and central Labrador. Our people lived in Labrador long before Europeans plowed our waters and set foot on our traditional lands. As it was in times of old, and still today, we are deeply connected to the land, sea, and ice that make up NunatuKavut, our home. The NunatuKavut Community Council is the representative governing body for the approximately 6,0002 Inuit of south and central Labrador. One of NCCls primary functions is to ensure the land, ice and water rights and titles of its people are recognized and respected. NCC has been involved in environmental assessments and permitting processes for a number of projects that impact on our rights. These include the trans- Labrador Highway, the Labrador-Island Transmission Link, a number of mining projects, offshore oil exploration projects and the Muskrat Falls Project. Standing In determining whether an organization may be granted standing, the Rules of Procedure for the Inquiry adopts section 5(2) of the Public Inquiries Act, which provides that: 5(2) A commission shall determine whether a person may participate in an inquiry, and how he or she may participate, after considering (a) whether the person's interests may be adversely affected by the findings of the commission; (b) whether the person's participation would further the conduct of the inquiry; and 2 This is approximately 20% of the entIre population of Labrador. 2024400 (c) whether the person's participation would contribute to the openness and fairness of the inquiry. The Muskrat Falls Project ("MFP") is located in NunatuKavut; on our land in which our members harvest country foods, fish, trap, and utilize for other cultural purposes. Further, the land flooded by the MFP is land within NCC's land claim 3 area; a loss of which NCC will be seeking compensation for. It is unfortunate, yet obvious, that the effects of the MFP will directly impact NunatuKavut and our members. Of all the Applicants seeking standing in the Inquiry, NCC is well suited to speak to the lived reaHty and consequences the MFP has had, and will have, on the environment and the inhabitants of NunatuKavut. NCC is of the view that without its participation in the Inquiry its interest will certainly be adversely affected by the find ngsof the Commission. The Interpretation of the Terms of Reference for the Muskrat Falls Inquiry ("Interpretation of Terms") is of assistance in demonstrating that NCC's participation in the Inquiry will further the conduct of the Inquiry. The Interpretation of Terms provides that "thoroughness" is a guiding principle of the Inquiry; and that achieving thoroughness will require the Inquiry to "examine all relevant issues within its mandate proportionate to their level of importance or sign ficanceto the ultimate findings and recommendations to be made". The relationship between NCC and Nalcor will assist the Commissioner in painting a complete picture in order to adequately inquire into the lengthy list of issues found with nthe Terms of Reference. For example, in relation to paragraph 4(a)(ii) of the Terms of Reference, NCC can positively add to the Inquiry; and provide details on alternative energy options that could have served the electricity needs of Labrador. Also, as a result of the evolving relationship between NCC and Nalcor, NGC is in a position to elaborate on other options for the electricity needs that are currently being considered, post-Project sanctioning. Further, NCC and Nalcor have recently reached an agreement which provides that NCC will playa role in environmental monitoring, reporting, and mitigation as it relates to the MFP, including the North Spur. The Interpretation of Terms 3 In the fall of 2016, the Government of Canada initiated an Engagement Table process with NCC to work cooperatively on ensuring the acceptance of the NunatuKavut Land Claim for negotiations. 2024400 acknowledges that the Government has decided that the MFP will continue to completion. This means that NCC's participation in these environmental processes is guaranteed. Granting NCC full standing will facilitate the Inquiry in fully addressing paragraph 4(b)(v)(A) and (C) of the Terms of Reference. The Interpretation of Terms also provides that the Inquiry will be considering whether appropriate consideration was given, and actions taken, re,garding the environment and human safety related to the stability of the North Spur and methylmercury contamination. NCC has firsthand experience on these topics and is able to provide insight on these issues; such participation would further the conduct of the inquiry. In October 2016, NCC was a party to extensive meetings held with the Government of Newfoundland and Labrador, where an agreement on methylmercury mitigation was reached. Part of this agreement was the formation of an Independent Expert Advisory Committee, which would recommend options for reducing the health risks from methylmercury contamination. The "Role of Indigenous People" in the Inquiry is discussed in the Interpretation of Terms. In this section it provides that it was the intention of the Lieutenant Governor-in-Council that established Indigenous leadership would playa part in the Inquiry. NCC is of the view that its participation would contribute to the openness and fairness of the inquiry. NCC and Nalcor have been involved in numerous judicial proceedings relating the Project, the Project's impacts on NCC's Aboriginal lands, and NeC's protesting of the Project. In a 2014 decision the Court of Appeal dissolved an injunction that was previously granted to Nalcor. While the Inquiry will not be considering what transpired as a result of NCC protests, or the Department of Justice reaction to protests, the Inquiry does intend to consider the impact of the protests on the costs and scheduling of the Project. Further, in that Court of Appeal decision the Court discussed the relationship between Nalcor and the Crown and NCC, explaining how the need for consultation and accommodation infuses that relationship because of NCC's Aboriginal rights.4 Given that reported Court 4 Nalcor Energy v NunatuKavut Community Council Inc. ,2014 NLCA 46. 2024400 decisions do not provide complete insight into the actions of all parties involved, Nee's participation will invaluably contribute to this aspect of the Inquiry. Without the perspective of Nee and the information we are able to contribute, we are of the view that the Inquiry will face the risk of not being able to fully investigate the very limited consultation that occurred between Nee and Nalcor and the Government, both pre and post-sanctioning of the MFP. Nee is the Indigenous group most impacted by the MFP, and is the Indigenous group that will be most affected by the findings of this Inquiry. For centuries, our way of life sustained us, and today many of the traditions of our ancestors and Elders are still followed or are experiencing a revival. Many of these traditions are dependent on a healthy environment. To name but a few examples, most of NunatuKavut's people follow at least some of the most important traditions of our ancestors, including the harvesting offish and seals; including our revival of the Kullik (a traditional seal oil lamp).
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