Northern Jurisdiction.

The Nunavut Act and Nunavut Land Claims Agreement of 1993 was the largest land claim settlement in Canadian history. Along with the Nunavut Political Accord, it marked the beginning of the development of Canada's third territory, Nunavut, officially established in April 1999. These events are

remarkable not only for the quantities of land they involve and the flexibility they allow within the political organization of the Canadian federation, but also for the lessons they provide for other culturally distinct regions seeking to obtain greater political autonomy. The creation of new institutions allows for attempts to correct the biases and unpopular practices of former structures and rebuild the often negative relationship between citizens and the state. The approach toward political development in Nunavut is an example of how one federation has attempted to adapt to the diverse cultural populations within its borders.

The Nunavut Territory does not offer aboriginal self-government in strict terms, but to many observers, it adds up to de facto self-determination for the Inuit population. The Land Claim Agreement and the Political Accord, and the institutions established to ensure their implementation, must come to terms with the particular demands of political life in a northern, geographically extended region. They must also take into account Inuit cultural demands, which may conflict with the interests of other residents of Nunavut. The resulting tensions will dictate much of the future success of the territorial government and of Nunavut itself.

ASSIGNING JURISDICTION

Situated in the eastern portion of Canada's north, Nunavut represents approximately 20% of Canada's land mass and 60% of the former Northwest Territories. It contains two-thirds of Canada's coastline and four time zones (although only three are used). These vast reaches are home to less than 30,000 inhabitants, more than 80% of whom are Inuit. The territory is defined by three regions--Qikiqtaaluk-Baffin (east and north), Kivalliq-Keewatin (south and central, near Hudson Bay) and Kitikmeot (central and western)--which in turn contain 28 communities. The largest of these is the capital, Iqaluit, with a population of 4,500. Due to the large proportion of Inuit inhabitants, Inuktitut is one of the official languages of the new territory, along with English and French.

According to the 1996 Canadian census, the rate of population growth in Nunavut far outstrips that of the Northwest Territories and the rest of Canada. At the same time, education levels are significantly lower. Well over half the Nunavut population is under 25 and lacks a high school diploma. High levels of unemployment and demand for services for younger people were a persistent obstacle to development in the Yellowknife-centered Northwest Territories. Such demographic demands, in addition to the geographic expanse of the region and the cultural particularity of the Inuit, dictated many of the provisions of the Nunavut Land Claim Agreement, which covers Inuit title to land, and the Nunavut Act, which establishes the structure of government in the new territory.

The structure of the Nunavut government does not differ significantly from that of the Yukon and Northwest Territories, and constitutionally the division of power is similar. This resemblance is not surprising, given that the Nunavut Act was modeled on the Northwest Territories Act. Despite the resemblance, however, Nunavut, by virtue of its origins as a land claims settlement, occupies a unique place in the Canadian federation. Through the Land Claims Agreement, Nunavut gained decision-making capacity in areas of jurisdiction normally reserved for the federal government.

Ottawa began to heed demands for self determination and develop strategies for dealing with the vast distances within the Northwest Territories in the 1970s. Efforts to address the issues of aboriginal land titles and cultural and linguistic protection for the Inuit sparked an interest in resolving the land disputes in the area. The Nunavut Land Claims Agreement was the product of decades of negotiations. Among other provisions, it recognized Inuit title to approximately 350,000 square km of land and earmarked close to US$1.5 billion in federal money for the area over a period of 14 years. It also granted the Inuit royalties from oil, gas and mineral development on Crown land, hunting and fishing rights, and a role in environmental protection. The deal acknowledged the goal of greater participation of Inuit firms in the Nunavut economy and the need for training and education of Inuit peoples, as well as hiring practices that would reflect the majority Inuit proportion of the population. In exchange, the Inuit signed away future claims to rights and title on the land.

The Land Claims Agreement, which contains limited provisions for the future political development of the territory, was created in conjunction with the Nunavut Act, a political accord which governs all individuals within the boundaries of Nunavut, not just the Inuit. In addition to the goal of proportional representation within the civil service, the Nunavut Act included representation for the Inuit, territorial and federal governments in institutions dealing with federal jurisdiction in the territories.

The legislation further provided for the creation of two bodies, the Nunavut Implementation Commission (NIC) and a remodeled Nunavut Tunngavik Incorporated (NTI). Granted the power to make by-laws and temporarily in charge of the Nunavut Consolidated Revenue Fund, the NIC eased the transition phase between the political agreement and the first elected government. The NTI has a slightly different mission; a private corporation designed to ensure that the land claims agreement is carried out in a manner that best represents the interests of the Inuit, it attempts to protect community principles of self-reliance and cultural and social well-being. The distinction between the NIC and NTI is between a public body and an ethnic one, mirroring the distinction between the political accord and the land claims agreement.

POLITICAL PROVISIONS

Under the Nunavut Act, the territory maintains control over matters that relate to the working of the legislature, the licensing and importing of intoxicants, local and municipal matters, direct taxation, language, hospitals, land, property and agriculture, and justice (both civil and criminal), including courts and prisons. The territory is not permitted to restrict the rights of First Nations peoples or Inuit with respect to hunting or trapping. Nothing within the act is to be interpreted as granting the legislature greater powers than those provided in the Canadian Constitution.

By virtue of its role as a territory and former shared jurisdiction with the Northwest Territories, Nunavut displays a considerable overlap of institutions. Some bodies, such as the Water Management Board, contain members from both territories. In other cases, membership is shared among three different territories. For example, members of the Supreme Court of the Yukon and Northwest Territories are automatically members of the Nunavut Supreme Court. There is also a degree of overlap with the Canadian government. The Auditor General of Canada, for example, is also the Auditor General of Nunavut. But it is the way in which the areas of jurisdiction and limitations have been interpreted in Nunavut that stands as a testament to the NIC's efforts to respond to the cultural and geographic demands of the territory. A new, "single-level trial court system" will affect the administration and dispensing of justice in the territory. The government also boasts streamlined structures that eliminate the regional councils of education and Board of Health.

These structural influences coexist within the broader political culture of the north. The current Nunavut legislature, and its previous incarnation as the Northwest Territories legislature, are the only assemblies without political parties. Candidates run as independents, a fact with significant ramifications not only for cost and ease of campaigning, but also for the degree of consensus exercised in the daily working culture of the assembly. During the campaign, one of the candidates for premier, Goo Arlooktoo, complained that the lack of political parties made it difficult to distinguish political preferences among candidates. According to the Northwest Territories government, the consensus form of government is closer to traditional aboriginal ways of arriving at decisions. It was in this institutional and cultural context that Nunavut voters elected their new government.

Residents of Nunavut have been to the polls frequently in the last 10 years. Voting has decided three plebiscites on the Land Claims Agreement, the offer of twinned constituencies to ensure gender parity, and the location of the territory's capital. Elections in February 1999 selected the 19 members of the Nunavut Legislative Assembly. Voter turnout was 88%, and the choice was between 71 candidates, 11 of whom were women. The redrawing of electoral boundaries in the neighboring Northwest Territories, a formal apology for past injustices from the Royal Canadian Mounted Police, and plans to ensure a continued market for the seal hunt were among the political issues raised during the campaign. Following the election, the members of the legislative assembly (18 men and one woman) elected Paul Okalik as premier.

The new government has 10 departments that address issues ranging from sustainable development to culture, language, elders and youth. Seven men, including the premier, share the burden of these portfolios. In an effort to adapt to the needs of a vast and diverse territory, departments and agencies of the government will be established throughout Nunavut in addition to occupying offices in Iqaluit. In accordance with the principles of the Nunavut Land Claims Agreement, NTI, Arctic College, the Department of Indian Affairs and the government of the Northwest Territories have all been involved in training personnel for the demands of government and business in the new territory.

CHALLENGES AHEAD

In its first report, entitled Footprints in New Snow, the NIC highlighted some of the issues facing the people of Nunavut. While reiterating the goals that the new government and its civil service be representative and cost efficient while maintaining the territory's cultural distinctiveness, the report noted that popular expectations-whether unrealistically high or low--could damage the ability of the new legislature to perform effectively.

Many key issues involve the geographic and cultural particularity of the new territory. Voters and candidates in the 1999 elections identified the high unemployment rate, economic regeneration and opportunities for youth as particular areas of concern. Poor housing and service infrastructure, a cost of living one and a half times higher than in Canada's southern provinces, and high levels of suicide and substance abuse are also worthy of special attention. At the local level, complaints about poor sidewalks and litter in Iqaluit co-exist with concern over the centralization of power in Rankin Inlet and the capital. Other issues presented themselves after the election. New commissioner Helen Maksagak, for example, pledged in her throne speech to make Nunavut a single time zone.

Among the major areas of concern, and one highlighted consistently by the NTI, is protection of the cornerstones of Inuit identity: culture and language. Recent data from Statistics Canada show that almost half of the population has engaged in what are broadly defined as traditional activities, but that most of this involvement is limited to hunting. Twenty-three percent report some participation in traditional crafts, and only 7.6% in trapping. In addition, one-quarter of Nunavut's population speaks English at home. In an effort to strengthen the indigenous language's place in society, the legislative assembly voted to conduct much of the government's work in Inuktitut.

Self-determination and political autonomy are powerful goals and popular phrases. Asymmetrical federations such as Spain and recent constitutional developments in Great Britain highlight the efforts being made in many parts of the world to ensure that political institutions are responsive to the populations closest to them. These examples not only suggest that the goal of political renewal is a popular one, but that culturally or ethnically distinct populations are able to gain greater control over their political destinies than regions lacking markers of distinction. By attempting to create political institutions more responsive to the needs of its Inuit residents, the government of Nunavut must balance the cultural needs of the majority while meeting the political needs of all residents. The ability to navigate this dual mandate will determine much of the future success of Nunavut.

Ailsa Henderson is a lecturer in the Department of Politics and Centre of Canadian Studies at the University of Edinburgh.