Topic 1.4: Historical Context, Creation, and Unique Cultural Aspects

The creation of Nunavut in 1999 marks a pivotal chapter in Canadian history, embodying the Inuit people’s aspirations for self-governance and cultural recognition. Transitioning from the Northwest Territories, Nunavut established a legal system grounded in the Nunavut Land Claims Agreement. This framework emphasizes decentralized governance, ensuring accessibility across remote communities and involving Inuit in legal processes—key considerations for lawyers working in the territory.

Before Nunavut became its own territory in 1999, it was part of the Northwest Territories (NWT), the traditional homeland of the Dene and Inuit. By the late 19th century, a remote political and judicial system was administered from Ottawa, with a resident government established in Yellowknife by 1967. As the territorial legislature became more representative of the northern population, and organizations were formed to represent the Indigenous peoples of the Northwest Territories, it became clear that there was a need for change.

Negotiations led to the Nunavut Land Claims Agreement in 1993, alongside a federal commitment to create Nunavut. This became official on April 1, 1999, under the Nunavut Act, giving Inuit their own jurisdiction, separate from the Dene and Métis. Nunavut’s decentralized model spread government services across 10 communities in its three regions—Qikiqtani, Kivalliq, and Kitikmeot—and required Inuit involvement in designing and delivering social programs, including legal services.

The Nunavut Legal Services Board (NLSB) was established under the Nunavut Legal Services Act to oversee legal aid services. In consultation with lawyers, judges, and community members, it was decided that Nunavut’s court system would allow all judges to hear any type of case, ensuring flexibility and access to justice across the vast territory. Today, the NLSB continues to deliver legal aid services through regional centers, with its headquarters in Gjoa Haven.¹

Nunavut’s legal system is unlike any other in Canada. While other provinces and territories have three levels of courts—Provincial/Territorial Court, Superior/Supreme Court, and a Court of Appeal—Nunavut operates with single-level trial court: the Nunavut Court of Justice. It’s the first and only unified court in Canada, combining the functions of both Territorial and Superior Courts. It is highly interconnected and each component—courts, legal services, community justice initiatives—works together, influencing and supporting one another to create a system that responds to the specific needs of the territory.

The authority of the Nunavut Court of Justice is established through both federal and territorial legislation:

Nunavut’s legal system reflects the core values that shaped the territory’s creation—decentralization and active Inuit participation in decision-making. These principles not only guide the delivery of legal services but also impact the associated costs. The Nunavut Legal Services Board, which we know is responsible for providing legal support to Nunavummiut, operates within this decentralized framework. While this approach presents unique challenges, it aims to foster a legal system that is more responsive and inclusive, ensuring that the needs of the community are prioritized.²

1. Iqkaqtuijiit aulanirijanga: Circuit Court System
   • A court system that travels to various communities to hear cases, ensuring judicial accessibility in remote areas—a unique feature of Nunavut due to its remote community locations.
2. Inuuqatigiinut maligaq: Civil Law:
   • A branch of law that deals with disputes between individuals or organizations, often involving issues like housing, employment, and human rights.
3. Pirajaktailimatittiniq: Criminal Defense:
   • Legal representation provided to individuals accused of crimes, ensuring their rights are protected during legal proceedings.
4. Siammaktiqtausimajut atuqtaunajaqtut: Decentralized Model: 
   • A governance approach that distributes services and resources across multiple communities instead of concentrating them in one central location.
5. Gavamatuqakkut: Federal Government:
   • The national government of Canada, responsible for making laws and regulations that apply across the country.
6. Iqkaqtuiviliriniq: Judicial System: 
   • The system of courts and judges responsible for administering justice and interpreting laws.
7. Maligarnik tukisiniarvik: Legal Aid:
   • Services provided to individuals who cannot afford legal representation, ensuring access to justice.
8. Iqkaqtuijirjuakkut: Supreme Court:
   • The highest court in Canada, which serves as the final court of appeal in legal matters.