Treaties and Agreements – Co-management agreements – The Lawyer’s Daily

by ahnationtalk on October 20, 2021202 Views

October 20, 2021

Appeal by the Makivik Corporation, the Cree Grand Council, and the Nunavik Marine Region Wildlife Board from a judicial review judgment. The Nunavik Inuit Land Claims Agreement was a modern treaty which, among other things, established a co-management regime for wildlife in the Nunavik Marine Region through the Nunavik Marine Region Wildlife Board. The treaty contemplated using the Nunavik Inuit approach to wildlife management and integrating traditional knowledge with scientific research. The Board responded to a Ministerial request and set the annual allowable take of 28 polar bears for a particular area within the Region. The Minister varied the Board’s decision. The Minister reduced the take to 23 bears and established certain non-quota limitations on harvesting that the Board previously rejected and refused other limitations the Board established. Makivik and the Board sought judicial review of the Minister’s decision with declaratory relief. The application was dismissed. Although the court found that the Minister acted unreasonably regarding the non-quota limitations, the court held that it would be premature to grant declaratory relief at the current stage of development of the wildlife management system. Makivik, the Grand Council and the Board appealed.

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