Inuit argue for say as Canada and Britain decide fate of HMS Terror wreck

Inuit in the northern Canadian territory of Nunavut, where the second ship from Sir John Franklin’s doomed expedition was recently discovered, are pushing for a voice at the table as Canada and Britain decide the fate of the contents and artefacts recovered from the ill-fated expedition.

“We have to be at the table,” said Cathy Towtongie of Nunavut Tunngavik, which represents Inuit in Nunavut. “This violates the Crown’s fiduciary duty to Inuit and its consultation obligation.”

The Inuit’s push for inclusion began two years ago, shortly after the wreck of HMS Erebus was discovered in the Arctic. This week’s revelation that the second British naval vessel had been found in pristine condition in the frigid waters of the Northwest Passage gave renewed impetus to their demand.

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A 1997 Memorandum of Understanding between Canada and Britain – struck and signed when the recovery of the ships was a mere abstraction – outlined that Britain would transfer ownership of the wrecks to Canada but would keep any artefacts deemed to be of “outstanding significance” to the Royal Navy.

Britain’s National Museum of the Royal Navy in Portsmouth confirmed that it is currently in talks with the Canadian government about artefacts from the HMS Erebus. A spokesperson declined to comment on how the discovery of the HMS Terror wreck could impact these discussions.

The 1997 agreement also specified that any gold found on the shipwrecks would be split between Canada, the UK and any third party with claims to it. The ownership of all else from the wrecks would be transferred over to Canada.

Two years after the agreement was signed, the territory of Nunavut was created through a land-claim agreement with the Inuit. Tucked within the agreement was an article specifying that the Canadian government and the Inuit Heritage Trust shall “jointly own all archaeological specimens that are found within … Nunavut”.

The article was included with the Franklin ships in mind, said Towtongie. “Inuit knew there was something under our ocean, something on our land. So they negotiated under article 33 that anything found in our marine waters or land, 50% of those finds belong to the Inuit. And Canada signed onto it.”

After repeated appeals to the previous Conservative government were met with silence, Towtongie’s organisation wrote to Catherine McKenna, the federal minister responsible for Parks Canada, the agency tasked with overseeing the search and preservation of the vessels. The April letter highlighted their concerns over being excluded from the talks regarding the more than 55 artefacts – ranging from the ship’s bronze bell to a cannon – uncovered to date from the wreck of the HMS Erebus given that negotiations will directly impact Inuit treaty rights.

The letter went unanswered. A second letter was sent to the minister in August. Towtongie received an answer this week, days after the Guardian revealed that the second Franklin wreck had been found. The letter, seen by the Guardian, acknowledged the Inuit’s joint ownership rights and noted that Canada and Britain were currently in the early stages of discussions over the artefacts. “We will seek concurrence with the National Museum of the Royal Navy to include the Inuit Heritage Trust in all future discussions related to the transfer of artifacts,” the letter added.

“It’s a first good step,” said Towtongie. “But it should go further. We want to sit with the government of Canada when they’re negotiating with Britain.”

Inuit traditional knowledge was critical to the discovery of both ships, she pointed out, offering the Canadian government a powerful demonstration of what can be achieved when Inuit voices are included in the process.

In contrast, the tragic fate of the 129 men on the Franklin expedition hints at the high cost of marginalising those who best know the area and its history.

“If Inuit had been consulted 200 years ago and asked for their traditional knowledge – this is our backyard – those two wrecks would have been found, lives would have been saved. I’m confident of that,” she said. “But they believed their civilization was superior and that was their undoing.”