On March 19, 2010 British Columbia’s Supreme Court ruled in favor of the West Moberly First Nation’s petition against the Ministry of Energy, Mines and Petroleum Resources and First Coal Corporation’s proposed coal mine plan that would have had significant impacts on critical habitat of the nationally endangered Burnt Pine caribou herd in northeast BC. Treaty No.8, a northern treaty signed in 1899, played a significant role in the ruling given that the Crown failed to thoroughly consult the West Moberly petitioners and also failed to accommodate their rights – especially their hunting rights. In the words of the Honourable Justice Williamson:

‘The consultation was not sufficiently meaningful, and the accommodation put in place was not reasonable.’

Chief Roland Willson, of the West Moberly Nations, expressed his gratitude towards the court’s decision saying it was able to stop both the federal and BC governments from evading their obligations to protect the caribou under Canada’s Species at Risk Act (SARA). The BC government was ordered to immediately put in place a ‘reasonable, active, program for the protection and augmentation of the Burnt Pine herd’. The lack of a satisfactory consultation for the proposed coal mine has led to a mandatory adequate consultation – except this time it is not for a coal mine but for the protection of the Burnt Pine caribou herd. They have 90 days to present this. The crown shall consult with the West Moberly people as well as ecologists and biologists from the Ministry of Environment whom are to be referred to by West Moberly.

Andrew Gage of West Coast Environmental Law said this ruling may be the cause of a series of similar events where First Nations intervene and push governments to protect species across the country.

There are currently ONLY 11 caribou left in the Burnt Pine herd. Hopefully, the new plans will make it possible to repopulate this herd.

The Reasons for Judgment can be found at the following link:

http://www.courts.gov.bc.ca/jdb-txt/SC/10/03/2010BCSC0359.htm