The Mary River Mine is a massive and unprecedented mining development for Nunavut (and the Arctic region in general). On the one hand, it represents a major opportunity for potential benefits to workers and their families, to Inuit communities and designated Inuit organizations, as well as to the territorial and federal governments. On the other hand, there are risks of negative impacts related to the environment, socio-economic conditions and human rights. Therefore, all of the relevant actors should have strong and shared interests that the Mary River Mine will become a good example of responsible and rights-respecting northern development.

The Mary River mine is not the first mine to developed in Nunavut, nor will it be the last. Mining projects in Nunavut are becoming increasingly feasible from a technological and economic point of view. Climate change will make mining and resource development more attractive and accessible. The Nunavut Land Claims Agreement provides important protections for Inuit rights in the context of mining, including their right to benefit from the exploitation of natural resources on their lands and territories. The context of mining in Nunavut helps to remind us that the success of the Mary River project is not just the responsibility of the Baffinland company. It includes the different levels of government and the Designated Inuit Organizations.

The assessment of the human rights situation for the Mary River mine begins with a review of how government protects human rights in Canada. According to the UN Guiding Principles on Business and Human Rights, governments must protect against human rights abuse within their territory, including by companies. This requires taking steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulations and adjudication.

International standards require companies to respect human rights. This implies having a human rights policy, an on-going process to prevent adverse impacts on human rights, and an effective operational-level grievance mechanism. Many leading mining companies and industry associations have begun to develop detailed human rights policies and procedures. One of these companies is Baffinland’s parent company, ArcelorMittal. While there is no legal requirement for Baffinland to explicitly address human rights at the Mary River mine, the company should develop a human rights policy and procedures in order to meet international standards for the mining industry, the corporate policy commitments of ArcelorMittal, and the expectations of its stakeholders.

On-going consultation with Inuit and other stakeholders is a critical component of respecting human rights. The concept of Free, Prior and Informed Consent (FPIC) has not been formally recognized in Canadian law or in the corporate policies of Baffinland and its parent companies. However, there is a strong legal framework for consultation with Inuit in Nunavut. Inuit rights have largely been protected to date as a result of the requirements of the Canadian Constitution and the Nunavut Lands Claim Agreement. A key component has been the impact review process by the Nunavut Impact Review Board that provided a process for informed discussion and community input. The requirement for Baffinland to negotiate an Inuit Impact Benefit Agreement with the Qikiqtani Inuit Association also provides a process for Inuit to provide their consent about how the mine will be developed.

Workers’ rights are one of the areas that the Baffinland company has the greatest amount of control over its impacts. It is also an area where the Inuit have expressed hope and expectations for positive benefits in terms of job opportunities—which can be understood in terms of the right to work and other labour rights. One of the biggest challenges for Baffinland will be non-discrimination in the workplace, especially in terms of hiring, promoting and retaining Inuit and female employees at the Mary River mine.

The history, culture, traditional activities and livelihoods of Inuit are intimately connected with the environment and wildlife. In general, there is uncertainty and concern about the Arctic environment as a result of climate change. There is also uncertainty about the potential impacts of the Mary River project on the environment and wildlife, mainly related to the proposed railway and all-year shipping from Steensby Inlet. From a human rights perspective, one of the most important issues for Baffinland relates to providing information about, and opportunities for participation in, the environmental monitoring programmes for the Mary River mine. Current initiatives to develop a multi-stakeholder Environmental Monitoring Committee should be supported.

The Baffinland company will make a number of direct and indirect contributions to the Inuit communities through taxes, royalties, impact benefit payments and voluntary contributions to social programmes. These socio-economic contributions have the potential to make a very important positive contribution to human rights for more than a generation and to have a transformative effect on communities. However, it is very important that there is consultation, planning, coordination and monitoring by all stakeholders to ensure that the money is invested with a long-term strategy. From a human rights perspective, the predictable negative social impacts that mining communities experience should be addressed in a pro-active manner.

Mining companies are expected to do more to be transparent about the money and gifts they give to governments in order to fight corruption and improve the governance and benefits of mining projects. Access to information and transparency are also important human rights based principles. The implementation of strong transparency policies and procedures for the Mary River Mine can help improve human rights impacts because there will be less opportunity for inappropriate spending and more accountability and incentives for positive contributions

The government and Baffinland must provide access to remedies for employees and community members whose human rights have been harmed by the Mary River Mine. There are many different mechanisms for individuals and groups to raise their concerns, but the best ones should operate at the mine site and community level and resolve issues through dialogue or mediation.