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November 24, 1979

After 111 people from Baker Lake had gone to court to stop uranium prospecting in their region, the federal court of Canada ruled that although Baker Lake Inuit possessed aboriginal rights, those rights didn't give Inuit the legal power to stop uranium prospecting in the Kivalliq region.

Federal court rules Inuit aboriginal rights exist

Nunatsiaq News

IQALUIT — The Inuit of Baker Lake enjoy aboriginal rights, but there is no evidence to further justify an injunction to stop mining activities in the Baker Lake area, a Federal Court judge has ruled.

Mining development is set to resume on December 17.

In his 65-page judgment, Judge Patrick Mahoney wrote that Inuit aboriginal rights do not fall within the accepted legal classification of property rights, since property rights over the region were granted by King Charles in 1670 to his German cousin Rupert.

Feelings about the Mahoney judgment were mixed at the Inuit Tapirisat of Canada (ITC), which helped mount a legal challenge against the federal government to stop mining in the area.

"We certainly would have preferred a judgment which didn't start off with the premise that Inuit don't have any property rights because the King of England gave them to his cousin in Germany in the 1600s," said Marc Denhez, senior counsel for ITC.

However, the judgment does recognize the existence of aboriginal rights extending far beyond the core area sought by the Baker Lake Inuit, Denhez noted with pleasure.

Last year, 111 people in Baker Lake won a temporary injunction against mining exploration.

ITC, along with the local Hunters and Trappers Association, defended the injunction against lawyers for four mining companies and the federal government.

Denhez said ITC plans to go over the judgment "with a fine tooth comb" tomorrow (November 24, 1979 ) to figure out what the ruling's long-term implications are.

Denhez said he did not know if the decision against an injunction will be appealed, but added that it is "not inconceivable" that Ottawa will challenge the existence of aboriginal rights.

Denhez pointed out that the ITC, which raises a large portion of its budget through charitable organizations, can only go so far, financially. It has already spent close to $120,000 on the case.

Ottawa, on the other hand, can afford to continue the legal battle indefinitely, because the government is funded by taxpayers, he said.

"We're leaving our legal options open now," Denhe Z said.

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