Nunavut government may be drawn into NTI lawsuit

Nunavut Tunngavik Inc. says it does not want to sue the Nunavut government as part of its lawsuit against the federal government, even though federal lawyers have filed a motion to name the territorial government as a defendant.

NTI, the territory's land-claims organization, filed the $1-billion breach of contract lawsuit in December 2006, alleging that Ottawa has failed to live up to its obligations in implementing Nunavut's 1993 land claim agreement.

That agreement led to the creation of Nunavut as a territory in 1999.

The federal government filed a statement of defence with the Nunavut Court of Justice late last March. But in September, federal lawyers also filed a motion asking the court to order NTI to serve the Nunavut government with a statement of claim.

If that motion is successful, NTI would be suing the territory as well as Ottawa. Nunavut Justice Earle Johnson will hear arguments on the motion in Iqaluit on Jan. 25.

Dougald Brown, NTI's lawyer on the case, said if the government's motion succeeds, that would not change Nunavut Tunngavik's position that Ottawa is ultimately responsible for the land claim. NTI would not seek damages from the Nunavut government, he added.

NTI's statement of claim accuses Ottawa of 16 breaches of the land-claims agreement, including the failure to help offer Inuit training for government employment, as well as inadequate funding for territorial organizations such as its planning commission and water board.

"The successful implementation of the Nunavut land claim agreement, which led to the settlement of the territory, is a shared responsibility of both the Government of Nunavut and the Government of Canada," Margot Geduld, a spokeswoman with the federal Indian and Northern Affairs Department, told CBC News on Thursday.

"It's this shared responsibility that led Canada to file the motion requesting the naming of the Government of Nunavut as a co-defendant in the litigation."

But Brown said the organization has no reason to name the territorial government in its lawsuit.

"We were surprised that the federal government would bring a motion and attempt to require NTI to sue the Government of Nunavut by adding it as a defendant in the litigation, when in the case, NTI is not claiming any damaged or any relief from the GN," Brown said.

"We are not advancing any claim against the [Government of Nunavut], and therefore we don't see why the GN should have to be dragged into a dispute that we feel is between NTI and the federal government."