Canada's National Energy Board (NEB) granted permission in 2011 to three oil companies to perform seismic testing to locate pockets of oil and natural gas for future extraction in Davis Strait and Baffin Bay near Baffin Island, Nunavut (National Energy Board, 2018). The NEB did not adequately consult with the local Inuit of Clyde River before approving this project, which had the potential to affect the migration patterns and mortality rates of marine mammals (CRv.PGS, 2017).
The Inuit of Clyde River protested the seismic testing and the fact that they had not been consulted. They claimed that loss of marine mammals from Clyde River's waters would pose a threat to food security and traditional ways of life in Clyde River and other Baffin Island communities (Harder & Wenzel, 2018). The Supreme Court of Canada ultimately overturned approval for the project in 2017, ending the seismic testing after five years (CRv.PGS, 2017). The courts decision rested primarily on the fact that the Energy Board had not fulfilled its duty to consult.
According to the Supreme Court Ruling "The residents of Clyde River rely on marine mammals for food and for their economic, cultural, and spiritual well-being. They have harvested marine mammals for generations. The bowhead whale, the narwhal, the ringed, bearded, and harp seals, and the polar bear are of particular importance to them. Under the Nunavut Land Claims Agreement (1993), the Inuit of Clyde River ceded all Aboriginal claims, rights, title, and interests in the Nunavut Settlement Area, including Clyde River, in exchange for defined treaty rights, including the right to harvest marine mammals." The court therefore concluded that: "considering the importance of the established treaty rights at stake and the potential impact of the seismic testing on those rights, we agree with the appellants that the consultation and accommodation efforts in this case were inadequate."
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