THE NEGOTIATION

The Voisey’s Bay mine negotiations started in 1997. That is when the Innu, the Labradortest description Inuit Association, and the provincial and federal governments signed a Memorandum of UnderstandingMemorandum of Understanding: a document that records an understanding between a community and a mining or exploration companyExploration Company: a company whose principal activity is that of exploration.. The MOUMemorandum of Understanding: a document that records an understanding between a community and a mining or exploration company. The MOU defines principles for working together for mutual benefit. defines principles for working together for mutual benefit. (MOU).

Before a mine is approved, a company is required to set up a panel to carry out an environmental assessmentEnvironmental Assessment: a written report, compiled prior to a production decision that examines the effects that proposed mining activities will have on the natural surroundings.. The panel’s report must be accepted by the federal, provincial, or territorial government. But at Voisey’s Bay, the Innu and Inuit wanted to set limits on resource development in their traditional territories. So their negotiators made sure that the MOU outlined an environmental assessment process that involved their communities as well. All the parties to the MOU appoint the members of the environmental assessment panel. Its report must be submitted to the presidents of the Innu Nation and the Labrador Inuit Association, as well as government. Innu people were themselves to complete the baseline studies of their communities. The environmental assessment had to include traditional knowledgeTraditional Knowledge (TK): the knowledge, observations, and understandings about the natural environment, and about the relationships between living beings and their environment, that Aboriginal people have accumulated over many generations. as well as scientific knowledge.

The environmental assessment process ran from 1997 to 1999. It showed how important it would be for the Innu, Inuit, and mining company to negotiate Impact Benefits Agreements (IBA) in order to deal with issues that were not settled due to outstanding land claims. Ideally both the Innu and Inuit wanted their land claims settled before any mining occurred. The Panel however recommended that participation and compensationCompensation: something (such as money) given or received as payment or reparation (as for a service or loss or injury). would be adequately dealt with through IBAs. Environmental concerns would be dealt with by the development of an environmental co-management agreementManagement Agreement: an explanation of what the Joint VentureJoint Venture: commonly, a business to which two or more parties contribute the essential land, capitalCapital: cash, property, equipment, services, and contracts or leases., and services, in return for a share in its ownership and control. (Note: the Joint Venture is very strictly defined under Canadian law.) management should report to whom, when and how. These reports will include audits and descriptions of management performance, as well as financial matters related to compensation, performance standards, etc. between the Innu and Inuit and the federal and provincial governments.

Resolving the Environmental Dispute

The negotiation of the IBAs started in 1999. In general, the talks did not go smoothly. Both Aboriginal communities feared the harm that exploration and mining would cause. Inco was reluctant to negotiate compensation for such damage.

The Government of Newfoundland and Labrador decided it might let the mine go ahead before the environmental assessment was complete. The Innu took them to court. They also carried out civil disobedienceCivil Disobedience: refusal to obey civil laws in an effort to bring about change in a situation, governmental policy or legislation, characterized by the use of passive resistance or other non-violent means., drew in the news media, and found political allies to take up the Aboriginal cause. All this public and legal action finally halted the development of the mine. Inco realized that it was clearly in its best interest to partner with Aboriginal people, not fight them. (This victory also helped to speed up the negotiation of Inuit and Innu land claims.)

When the ore could be shipped was another very difficult issue to resolve. Inco wanted to be able to ship year round. The Inuit did not want ice-breaking in winter. A small working group with company and Inuit representatives worked on the issues. It took a number of years to negotiate and build trustTrust: a legal arrangement in which an individual (the trustor) gives fiduciary control of property to a person or institution (the trustee) for the benefit of beneficiaries.. A separate shipping agreement was developed outside of the IBA. However within the IBA it was noted that ratification of the IBA by the Inuit also meant Inuit consent for winter shipping.

IBAs were finally concluded between Inco and the Innu and Inuit separately in 2002. By that time, the Nunatsiavut government had taken the place of the Labrador Inuit Association. A small working group with company and Inuit representatives worked on the issues. It took a number of years to negotiate and build trust. A separate shipping agreement was developed outside of the IBA. However within the IBA it was noted that ratification of the IBA by the Inuit also meant Inuit consent for winter shipping.

IBAs were finally concluded between Inco and the Innu and Inuit separately in 2002. By that time, the Nunatsiavut government had taken the place of the Labrador Inuit Association.²