August 24, 2020

PJ Akeeagok

President

Qikiqtani Inuit Association

Iqaluit, NU

Sent via Email: pakeeagok@qia.ca

RE: North Baffin Community Concerns with Inuit Certainty Agreement and QIA
Community Engagement

Dear PJ Akeeagok:

We, the Chairs of the Hunters and Trappers Organizations (HTOs), and Mayors of the Hamlets
of the communities of Mittimatalik, Igloolik, Sanirajak, Arctic Bay, and Clyde River, are writing to
express collective concerns around the Inuit Certainty Agreement (ICA) and the consultation
the Qikiqtani Inuit Association (QIA) has had with our respective organizations.

In February 2020, we met with you, your staff, and advisors in Iqaluit. We discussed our issues
regarding the Phase 2 project. We reviewed matters presented by the QIA with respect to Inuit
Committees, benefits, royalties, and a path forward to making Inuit decisions on Phase 2.

The QIA suggested that Inuit would be provided certainty around the project with a “Draft
Agreement in Principle” (AIP) to be prepared by Baffinland. This would address changes in the
current Project and Inuit benefits, as well as changes to Inuit benefits resulting from the Phase
2 proposal. Baffinland, in correspondence to the QIA, indicated that a key component of the
AIP would be a commitment to support Phase 2, should all identified issues be addressed.

We expressed concerns that we were not comfortable discussing benefits until impacts had
been appropriately and adequately considered and addressed through the assessment
process. At that time, we indicated to you that we did not want to sign an agreement around
the Mary River Phase 2 project. We advised your team that we were not satisfied with
Baffinland’s understanding and assessment of impacts, and that we were not ready to begin
discussion around an AIP.

We contributed this feedback to the proposed development of an agreement with Baffinland in

good faith. We expected this would be reflected in QIA’s work with Baffinland. In June, despite
making our position clear, we were advised that the QIA and Baffinland had signed the ICA.

We have serious concerns with the development of the ICA. It occurred without meaningful
input from our organizations. We take issue with some of the content of the ICA. We are not
supportive of QIA’s position on Phase 2 being dictated by the terms of this agreement.

Section 7.3 of the ICA reads as follows:

“The parties acknowledge that approval of this Agreement, including all Schedules, and all
matters pertaining thereto, by the QIA Board of Directors and execution of this Agreement
requires QIA being satisfied that adequate consensus has been demonstrated in the

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Communities to support this Agreement as determined by QIA in its reasonable
discretion.” (emphasis added)

With regard to the requirement that approval of the ICA requires that QIA be satisfied (as
determined by QIA in its discretion) that adequate consensus has been demonstrated in the
communities to support the ICA, we are requesting clarification on the significance of QIA
signing the agreement on June 16. How should this be interpreted? Has QIA signed an
agreement that has yet to be executed, and to be executed is still dependent on “adequate
concensus”? How does QIA intend to determine the matter of “adequate concensus”? What
constitutes “reasonable discretion”?

We do not believe there is adequate consensus for the ICA in the communities we represent to
warrant, at this time, approval for the Phase 2 Proposal. We are concerned that QIA’s
determining “adequate consensus” among communities is to be utilized at the Final Hearing,
with the result of that determination being a letter to the NIRB and Minster in support of
approval of the Phase 2 project.

We expect QIA to represent and be reflective of Inuit concerns and those of our communities.
Both the content and the process of putting together this ICA suggests that it may be difficult
for the QIA to adequately represent our concerns and issues.

We have not had meaningful discussions with your team regarding details of the ICA, or about
QIA’s technical concerns that it is claimed the ICA has addressed. We have still not had an
Inuktitut summary of the ICA provided to us. This has unfairly limited our ability to fully
understand the ICA and to discuss the contents with your team.

We also note that you have made calls to individual members of our Councils and Boards with
regard to the ICA and the Phase 2 Project. We respectfully ask that you focus your calls and
direct correspondence to the official channels of the Hamlets and HTOs, and respect our
democratic process and the role of elected representatives. QIA requested Baffinland cancel its
planned community consultation meetings earlier this year and instead allow the QIA to
communicate with Inuit. We submit that Baffinland disengaging from our communities has not
helped the situation. We would prefer to hear from Baffinland and we are disappointed the QIA
intervened to limit the discussions between the Proponent and community organizations. This
was not at the request of our HTOs and Hamlets.

This is especially important in light of Article 5.6(d) of the ICA, which states:

5.6 (d) “QIA being reasonably satisfied that adequate consensus within the Hamlets of Arctic
Bay, Pond Inlet, Igloolik, Sanirajak, and Clyde River (the “Communities”) exists for support of
this Agreement at the NIRB Final Public Hearing, then QIA agrees that the commitments by
BIMC in this Agreement will provide NIRB and the Minister with a strong foundation for their
review and approval of the Phase 2 Project and QIA agrees to communicate this view to NIRB
and to the Minister.”

Simply stated, agreement among some members of our Councils and Boards with regard to
the ICA and the Phase 2 project does not constitute an “adequate concensus”. As mayors and
chairs of the HTOs, we are responsible for developing a concensus in our communities based
on a balanced and fair consideration of all the issues involved in this Proposal. Through the
ICA, QIA has demonstrated a particular interest in the outcome of the hearing process, and has
a particular bias that must be balanced by a fair and complete consideration of all issues and
concerns. Ensuring that this happens is our responsibility as mayors and chairs of the HTOs.
We insist that we be your primary and most important point of contact in our communities.

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The QIA is a land owner, negotiator, and has responsibility and oversight with regard to
different priorities and resources than those of our HTOs and Hamlets. We respectfully reserve
the right to determine agreement with the project based on our own findings; separately and
distinct from the ICA and the QIA’s determination.



Despite our disagreement with the process by which the ICA has been developed, and our
hesitation to agree with all of its content, we remain open to further discussions with the QIA
about the ICA, our technical concerns, and the ways we would like to be engaged on this
matter. We appreciate the sincere effort of your staff and team to address technical issues and
find a path forward on many of these topics, and acknowledge the hard work that has been put
in to the impact assessment and negotiation of benefits to date.

We trust that this letter provides the QIA with greater certainty regarding our position on the
ICA and our expectations for the process moving forward.

Sincerely,

The Mayors and HTO Chairpersons of Mittimatalik, Igloolik, Sanirajak, Arctic Bay, and Clyde
River

CC:

Aluki Kotierk, President, Nunavut Tunngavik Incorporated

Joe Attagutaluk, Secretary-Treasurer QIA

Mike Jaypoody, Clyde River Community Director QIA

Abraham Qammaniq, Sanirajak Community Director QIA

Charlie Inuarak, Pond Inlet Community Director QIA

The Honourable Joe Savikataaq, Premier of Nunavut/Minister of Environment

The Honourable David Akeeagok, Minister of Economic Development and

Transportation

David Qamaniq, MLA Tununiq

Mumilaaq Qaqqaq, MP, Nunavut

The Honourable Daniel Vandal, Minister of Northern Affairs

The Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations

Stephanie Autut, Executive Director, Nunavut Water Board

Brian Penny, CEO, Baffinland

Karen Costello, Executive Director, Nunavut Impact Review Board

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