Last update:
2020-02-07

Hamlet of Clyde River v. Petroleum Geo-Services Inc., Nunavut, Canada

Canada's National Energy Board approved seismic testing near Baffin Island, Nunavut, which can alter the migration routes of marine mammals. The Inuit people of the nearby hamlet Clyde River were not properly consulted.



Description:

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). 

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Basic Data
Name of conflict:Hamlet of Clyde River v. Petroleum Geo-Services Inc., Nunavut, Canada
Country:Canada
State or province:Nunavut
Location of conflict:Clyde River
Accuracy of locationHIGH (Local level)
Source of Conflict
Type of conflict. 1st level:Fossil Fuels and Climate Justice/Energy
Type of conflict. 2nd level:Oil and gas exploration and extraction
Specific commodities:Crude oil
Natural Gas
Project Details and Actors
Project details

The seismic testing went for five years from July to November before approval was overturned by the Supreme Court of Canada. The environmental assessment for the project suggested that potential impacts on marine mammal were significant but could be mitigated by the companies (CRv.PGS, 2017)

Type of populationRural
Affected Population:1000 in Clyde River, and potentially several other communities
Start of the conflict:01/05/2011
End of the conflict:26/07/2017
Company names or state enterprises:Petroleum Geo-Services Inc (PGS) from Norway - Main
TGS-NOPEC Geophysical Company ASA (TGS) from Norway - Main
Relevant government actors:Attorney General of Canada, National Energy Board, Attorney General of Ontario, Attorney General of Saskatchewan, Nunavut Tunngavik Incorporated, Makivik Corporation,
Nunavut Wildlife Management Board,
Inuvialuit Regional Corporation and
Chiefs of Ontario
International and Finance InstitutionsMultiklient Invest AS (MKI) from Norway - Main
Environmental justice organizations (and other supporters) and their websites, if available:Greenpeace Canada (https://www.greenpeace.org/canada/en/), David Suzuki (https://davidsuzuki.org/), World Wildlife Fund (https://www.worldwildlife.org/), Amnesty International (https://www.amnesty.org/en/), Idle No More (http://www.idlenomore.ca/)
Conflict & Mobilization
IntensityMEDIUM (street protests, visible mobilization)
Reaction stagePREVENTIVE resistance (precautionary phase)
Groups mobilizing:Indigenous groups or traditional communities
Neighbours/citizens/communities
Social movements
Inuit
Forms of mobilization:Involvement of national and international NGOs
Lawsuits, court cases, judicial activism
Media based activism/alternative media
Official complaint letters and petitions
Public campaigns
Street protest/marches
Impacts
Environmental ImpactsPotential: Biodiversity loss (wildlife, agro-diversity), Food insecurity (crop damage), Loss of landscape/aesthetic degradation, Noise pollution, Oil spills, Large-scale disturbance of hydro and geological systems
Health ImpactsPotential: Malnutrition
Socio-economical ImpactsVisible: Violations of human rights
Potential: Loss of traditional knowledge/practices/cultures, Land dispossession, Loss of livelihood, Loss of landscape/sense of place
Outcome
Project StatusStopped
Conflict outcome / response:Court decision (victory for environmental justice)
Application of existing regulations
Project cancelled
Proposal and development of alternatives:The community wanted to be included in the decisions and have proper consultation in the decision process. Former Clyde River mayor Jerry Natanine has stated that the Inuit of Clyde River are not necessarily opposed to development, but want to be treated as partners in any future projects (Bell, 2017).
Do you consider this an environmental justice success? Was environmental justice served?:Yes
Briefly explain:The Supreme Court of Canada ruled in favour of Clyde River and overturned approval for the seismic testing, halting the project (CRv.PGS, 2017).
Sources & Materials
Juridical relevant texts related to the conflict (laws, legislations, EIAs, etc)

(CRv.PGS, 2017)

Clyde River (Hamlet) v. Petroleum

Geo-Services Inc., 2017 SCC 40
[click to view]

References to published books, academic articles, movies or published documentaries

(Harder & Wenzel, 2018);

Harder, M. T., & Wenzel, G. W. (2012). Inuit Subsistence, Social Economy and Food Security in Clyde River, Nunavut. Arctic, 65(3), 305-318.

The Supreme Court Law Review, 2019. Delegation, Deference and Difference: In Search of a Principled Approach to Implementing and Administering Aboriginal Rights by Janna Promislow, Faculty of Law, Thompson Rivers University.





https://digitalcommons.osgoode.yorku.ca/sclr/vol88/iss1/7/

Delegation, Deference and Difference: In Search of a Principled Approach to Implementing and Administering Aboriginal Rights by Janna Promislow, Faculty of Law, Thompson Rivers University
[click to view]

(Bell, 2017)
[click to view]

(National Energy Board, 2018)
[click to view]

The news article explains that there must be reform within the system for Indigenous people of Canada due to the victory at the Supreme Court.
[click to view]

Related media links to videos, campaigns, social network

The YouTube video “We Do Not Consent” produced by Greenpeace Canada as part of the campaign against the seismic testing.
[click to view]

Meta information
Last update07/02/2020
Conflict ID:3915
Comments
Legal notice / Aviso legal
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