CREATION
The Surface Rights Tribunal is one of the Institutions of Public Government established under the land and resources management regime of the Nunavut Land Claims Agreement. The Tribunal's role is one of an arbitrator of disputes; a quasi-judicial body, independent of the influence of any party, including government, Inuit organizations and industry.
GOAL
The Tribunal has set a goal of providing the fairest possible mechanism for the resolution of disputes within the context of the Agreement and draft legislation.
JURISDICTION
The Tribunal will be responsible for settling disputes over access to lands, compensation payable to the surface titleholder for access, wildlife compensation claims and rights to carving stone or specified substances in the Nunavut settlement area.
Relevant Articles of the Nunavut Land Claims Agreement include the following:
TRIBUNAL MEMBERS
| Chairperson | Tom Sammurtok |
| Vice-Chair | Peter Katorka |
| Board Member | Rachel Mark |
| Board Member | Mariam Aglukkaq |
| Board Member | Eugene Ipkarnak |
Each Tribunal Member hold three year terms. In April 2005 the terms of four members will be up. One member was just appointed recently and that term will expire in April 2007.
POWERS
No person shall apply to the Tribunal for a decision until that person has first attempted to negotiate a settlement with the other party.
In the event that the parties cannot come to an agreement on matters relating to access to lands, the Tribunal is given powers necessary to order a resolution of those matters. These powers include the establishment of terms and conditions of a right of access to privately owned lands.
If the dispute relates to damage to wildlife harvesting, the Tribunal can determine who is liable and the amount of compensation to be awarded to Inuit harvesters, all in accordance with the compensation provisions of the Nunavut Land Claims Agreement.
An order of the Tribunal is final and binding, subject only to judicial review on limited grounds such as bias or lack of procedural fairness.
TRADITIONAL KNOWLEDGE
The NSRT recognizes the value of various sources of information and expertise including modern science and traditional knowledge. The Tribunal Members have decided to incorporate traditional knowledge into their draft Rules of Process and Procedure. Evidence of this nature will be given full and equal weight.
DECISIONS
Upon receiving an application or a claim, the Tribunal will set up a Panel, decide whether it is within their jurisdiction, to hold a hearing and come to a decision on the matter. The Tribunal has the powers of a superior court whose decisions are binding, subject to judicial review.
JURISDICTION
The role of the NSRT is to settle disputes over access to lands, compensation payable to those with legal interests in the surface of land and compensation payable to an Inuk or Inuit arising from wildlife compensation claims; and for settling disputes involving rights to carving stone or specified substances.
Access and Compensation for Access
Inuit hold title to approximately 350,000 square kilometres of surface land in Nunavut, which title is vested in the Regional Inuit Associations on behalf of their Inuit beneficiaries and there is also a relatively small amount of other surface land which is privately owned by non-Inuit; however, in a lot of these areas, the subsurface is owned by the Crown. So in these areas, in order to access the subsurface, you will first need access to the surface from the surface titleholder.
This creates the possibility that there will be different interests with respect to the surface and subsurface land. It's also possible that parties may not be able to agree on the compensation for access. In these cases where the parties cannot come to an agreement, either party may submit an application to NSRT to decide on the matter.
Wildlife Compensation
The Agreement states that the Tribunal is responsible for the resolution of disputes over wildlife compensation claims. Pursuant to the Agreement, an Inuk or Inuit may claim compensation against a developer for damage/loss to wildlife harvesting.
The Agreement states that, in cases where a claimant suffers loss or damage due to development activity, a developer is liable for:
(a) loss or damage to property or equipment used in wildlife harvesting or to wildlife reduced into possession
(b) present and future loss of income from wildlife harvesting
(c) present and future loss of wildlife harvested for personal use by claimants
Compensation will be determined in consideration of the facts of each case. Pursuant to the Agreement, the Tribunal is will give due weight to Inuit knowledge of wildlife and the environment and shall take into account the social, cultural and economic importance of wildlife to Inuit.
Rights to Carving Stone and Specified Substances
Another area within the Tribunal's jurisdiction is settling disputes over rights to carving stone or specified substances. Inuit hold rights to carving stone in the Nunavut Settlement Area, if carving stone happens to be in the same area where mineral rights have been issued and there is a dispute, either party may submit an application to the Tribunal.
TYPES OF DECISIONS
Some decisions of the Tribunal may include:
PROCESS
Basically, our process will include the following:
RULES OF PROCEDURE
(currently in draft form only)
For more information on the Nunavut Surface Rights Tribunal and its' activities, please contact us at the following email: surface@arctic.ca