Inuit lose bid to block seismic testing off Baffin Island

The tiny Inuit hamlet of Clyde River has lost a bid to block seismic testing off the shores of Baffin Island.

The Federal Court of Appeal has denied the community’s request for a judicial review of a permit that allows the tests.

Mayor Jerry Natanine, who called the ruling “a big blow to Inuit rights,” said he hopes to continue the fight before the Supreme Court.

“We won’t stop our fight here,” Natanine said Tuesday in a release distributed by Greenpeace, which has been supporting Clyde River’s efforts.

“We will be appealing this decision to the Supreme Court of Canada. We will also be continuing our work to bring people’s attention to this issue.”

In June 2014, the National Energy Board approved plans from a three-company consortium to begin five years of seismic tests in the Davis Strait, up and down the entire length of Baffin Island. The testing would use loud, high-intensity sounds to help map the sea floor and the geology underneath.

The tests are strongly opposed by the people of Clyde River, who argue the testing will disturb or harm seals, whales, walrus and other marine mammals that locals depend on for food.

The hamlet was joined in its opposition by all the communities on Baffin Island, regional and territorial Inuit groups and the Nunavut Marine Council, which represents Nunavut’s wildlife management bodies. In a rare example of Inuit teaming up with southern activists, a wide spectrum of 44 non-governmental groups and individuals also supported Clyde River, including Greenpeace, the Sierra Club and Amnesty International.

In Tuesday’s written judgment, Justice Eleanor Dawson agreed with the Inuit that the board owed them a high level of consultation, including a voice in how the tests are conducted.

But she added that consultation doesn’t necessarily mean agreement.

“The consultation process does not give aboriginal groups a veto on what can be done with their land pending final proof of their claim,” she wrote. “Perfect satisfaction is not required.”

Dawson pointed to numerous meetings that began in 2011 between the proponents — a Norway-based consortium — and the people of Clyde River. She also noted that the permit was issued with conditions to undertake any scientific research needed to understand the underlying ecology of the water.

She found parts of the project were altered at the request of Clyde River and that local people are to have ongoing input into it.

“I am satisfied the board’s process offered meaningful consultation.”

Natanine remained unconvinced.

“Scientists are telling us that seismic blasting can harm animals and disrupt their migration patterns. Inuit’s own experiences with seismic blasting in the past tell us the same thing.”

— Follow Bob Weber on Twitter at @row1960