HMS Terror find under review by federal government, Nunavut government

The events leading up to thediscovery of Sir John Franklin's second ship in Nunavut waters are being investigated by the territorial and federal governments to determine if the search was conducted legally.

The Arctic Research Foundation discovered HMS Terror, the second, long-lost ship in the doomed Franklin expedition in the1840s,at the bottom of TerrorBaybyin early September.

ButNunavut'sgovernment says the foundationa privatenon-profit createdby JimBalsillie,former chairmanofBlackBerry-makerResearch in Motiondidn't have the permits to look for the ship.

A violation ofNunavut'sarcheologicalregulationscan carry a summary conviction with either a fine or imprisonment.

"The Department of Justice is working with the Public Prosecution Service of Canada to review the events leading up to the discovery of HMS Terror," reads anemailfromNunavut'sJustice Department.

"Until that review process is complete,we cannot comment further."

Unexpected discovery

HMS Terror was discovered in"pristine condition"Sept. 3 at the bottom of a bay that bears its name off the south shore of King William Island.

Underwater footage shows 'perfectly preserved' HMS Terror

8 years ago

Duration 5:49

Video shared with CBC News and produced by the Arctic Research Foundation appears to show images of the sunken HMS Terror, one of Sir John Franklin's two ships lost in the doomed 1845 Franklin Expedition, in a Nunavut bay.

Actingon a tip fromSammyKogvikfromGjoaHaven,Nunavut,the foundation sailed to Terror Bay on board its research vessel MartinBergmann.At the same time, Parks Canada staff were searchingVictoria Strait.

• No camera, no proof: Why Sammy Kogvik didn't tell anyone about HMS Terror find

"The Arctic Research Foundation did not have a permit from the Government ofNunavutto conduct a search in Terror Bay, or in any other location," wroteDougStenton,Nunavut'sdirector of heritage, in anemail.

However, apermitallowing sonar searches in Victoria Straithadbeen issuedtoa senior underwater archeologist with Parks Canada, saidStenton,an area he confirmeddoes not include Terror Bay.

"It is my understanding that the Arctic Research Foundation's involvement in the Franklin project since 2012 falls under an agreement between the Foundation and Parks Canada.

"As such, field activities conducted by the Arctic Research Foundation are assigned by Parks Canada in consultation with the Foundation, and are governed by the permit issued to Parks Canada," saidStenton.

Parks Canada has not yet responded to interview requests.

Strained relations

A letterdatedOct. 4from LindaPieterson with thelaw firm Ricketts Harris LLP toStentonshows a riftbetween the foundation and Parks Canada.

"ARF acknowledges that its relationship with Parks Canada is strained and not functioning like it did in prior years," writesPieterson.

"With respect to the Parks Canada Permits, ARF did not receive copies of permits issued in respect of the work to take place in 2016.

"If a change was made to the Parks Canada Permits that narrowed their ambit in 2016, such a change was done without ARF's knowledge.

"If ARF in any way acted offside the regulations, it did so innocently and without harm."

Eight-day delay

The letter in part explained why there wasan eight-day delay in informing the federal government about the finding.

Unlike HMS Erebus, the letter indicates there was no notification protocol in place. The letter says the foundation attempted to finalize a communication strategy with Parks Canada in the spring of 2016 but received no response.

According to the letter, on the day of the discovery, the MartinBergmannwas conducting scientific research in the Queen Maud Gulf whenKogvikshared his story about coming across the mast of what he thought was a ship years earlier.

The crew travelled to the site and detected a shipwreck using sonar, then sent in an underwater camera. Once the photos were uploaded back in Cambridge Bay, the foundation informed the Prime Minister's Office.

As the crew of theBergmannthrew a community feast inGjoaHavento celebrate the finding of the ship, staff from Parks Canada had to reorganize and wait for bad weather to pass before they could head out from Victoria Strait to Terror Bay.

"Unfortunately, rather than this being treated as fantastic news for all partners, celebrated and shared by all, the discovery of HMS Terror has been tainted by negative, and unfounded, statements made in respect of ARF," writesPieterson.

'Outside of the spirit of partnership and cooperation'

Lawyers for the foundation say the organization willco-operate with any investigation. ButPieterson's letter indicates they're not particularly happy about it.

"Recent statements made to the media have forced ARF to struggle with whether certain motivations have been generated outside of the spirit of partnership and cooperation. These statements began immediately after ARF volunteered to provide all of its information to the Government ofNunavutbefore government officials had even inspected the ship," writesPieterson.

"Regrettably, ARF has been left to conclude that there may be an agenda in play focused on discrediting ARF, its people and its work."

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