Leaving the Nunavut Land Use Plan unsigned makes governments vulnerable to legal ramifications, according to an analysis commissioned by the non-profit Friends of Land Use Planning, which was released on May 26.
The Recommended Nunavut Land Use Plan was finalized in June 2023 after 15 years of consultation. However, the document has not been signed by the federal government, the Government of Nunavut, nor Nunavut Tunngavik Inc. (NTI) since then.
Serving as a guide for potential future development in the territory, the plan designates all of Nunavut’s land and waters as either limited use, conditional use, mixed use or outside the plan’s jurisdiction.
Following the recommended plan’s release almost three years ago, the NWT and Nunavut Chamber of Mines said the initiative was “trying to do too much by being overly prescriptive” and would end up “causing an unnecessary decline in Nunavut’s ability to attract investment.”
Since then, 15,000 square kilometres of mining claims have cropped up in recommended limited use areas, according to the Friends of Land Use Planning.
Risks of delay
Delaying the signing of the plan weakens it because more development claims in Nunavut will make protecting land increasingly difficult, according to the legal analysis from lawyers Nick Leeson, Mariana Gallegos Dupuis, Kate Kempton and Qajaq Robinson.
The longer the plan goes unsigned, the greater the legal, financial and environmental risks that will arise, the report predicts. That’s because hunters and trappers organizations can claim compensation in court for their harvesting rights are being violated, the lawyers argued.
A decision on whether to approve or reject the plan should be made by Ottawa, the GN, and NTI to ensure the timely carriage of justice for Inuit rights-holders, the report states.
“Where delay reaches the point of frustrating that objective, courts may intervene to ensure that the process moves forward within a reasonable and accountable structure,” the legal analysis reads.
Forcing a decision through the courts
There are three legal avenues outlined in the analysis for compelling the two levels of government and NTI to take action on the land use plan.
Seeking a “declaratory relief” for failing to uphold legal responsibilities was used in a Supreme Court of Canada decision on a Manitoba Metis Federation’s lawsuit against the federal government. That route could set out a court-ordered pathway to a decision on a plan, the legal analysis said.
Another avenue would be to seek a “mandamus order,” the report suggested. Such an order would compel the federal government, GN, and NTI to reach an agreement within a specific time frame. This route has been used by private companies in lawsuits against governments in the past.
Finally, a court could find that Inuit rights have not been upheld because of a delay in signing the plan.
That argument was used in the Federal Court of Appeal in a dispute relating to the Nunavut Land Claims Agreement and resulted in the federal government paying NTI $255.5 million in an out-of-court settlement in 2015.
Idlout, GN, and NTI responds
Nunavut MP Lori Idlout said the Nunavut Land Use Plan needs to be signed, and she’s willing to speak more on the issue later on May 26.
Her colleagues at Crown-Indigenous Relations and Northern Affairs Canada said the plan is the largest and most inclusive land use plan in Canadian history.
“We will not speculate on potential legal claims,” said Jacinthe Goulet, a spokesperson for the federal departments. “The decision-making process is proceeding in accordance with its obligations under the Nunavut Agreement and the Nunavut Planning and Project Assessment Act.”
Northern Affairs Minister Rebecca Chartrand regularly meets with the GN and will meet the NTI president after the May 27 NTI election.
GN Minister Brian Koonoo said a decision on the plan remains a significant priority.
“It is important that all parties take the necessary time to carefully consider the plan and its implementation. We remain committed to reaching a well-informed decision that reflects the extensive input received throughout the planning process and supports the interests of current and future generations of Nunavummiut,” Koonoo said.
He added that the GN is committed to a careful review of the plan, but said he couldn’t comment on the specifics of the report because the plan is under active consideration by the territory, Ottawa and NTI.
NTI stated that the land use plan has a responsibility to guarantee Inuit rights under the Nunavut Agreement.
“A careful review is essential to our mandate. NTI supports a durable Nunavut Land Use Plan, and Inuit deserve a plan that gets it right. We are working closely with the Government of Nunavut and Government of Canada to complete the review,” the Inuit land claim organization stated.
Friends of Land Use Planning said they’re intentionally releasing this report on the eve of the NTI election.
Explanations for delays in approving the plan have lacked detail, argues the analysis.
“The primary justification for continued delay appears to be the need for further review, refinement or alignment among the three signatories to the treaty. However, public explanations from Canada, the GN and NTI regarding the delay remain limited and general, offering little clarity on the nature of outstanding concerns or the timeline for resolution,” the report reads.
By William Koblensky Varela, Local Journalism Initiative Reporter
Original Published on May 26, 2026 at 10:10
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