Federal government forced to take action to protect caribou

A federal judge’s decision is a welcomed step in the fight to protect the woodland caribou in northeastern Alberta.
After waiting more than a month, three First Nations and two environmental groups are pleased that federal judge Justice Paul Crampton has ruled that Environment Canada minister Peter Kent “clearly erred in reaching his decision by failing to take into account the First Nations Applicants’ Treaty Rights and the honour of the Crown in interpreting his mandate under (the federal Species at Risk Act).”

“We’re pleased the court recognized the importance of the Species at Risk Act and in issuing this judgement has required the federal environment minister to properly reconsider the looming crisis for the woodland caribou – an animal vital to our livelihood,” said Ron Lameman, advisor to Beaver Lake Cree Nation Chief and Council.
At the crux of the matter is the lack of action since 2007 under SARA when the woodland caribou became listed as a threatened species. The federal minister of environment was required at that time to prepare a recovery strategy that would protect the woodland caribou and their habitat. That has yet to be done.

The BLCN were joined by the Athabasca Chipewyan First Nation and the Enoch Cree Nation, along with environmental groups Pembina Institute and Alberta Wilderness Association, in a judicial review hearing on June 22 in Edmonton.

Action to spur on the federal government was initiated last summer with a letter to then Environment Minister Jim Prentice. Legal action by the First Nations and environmental groups got underway September 2010.

 “The fact that these herds are going to die . . .  the loss of these herds will have a ripple effect on all the surrounding herds in British Columbia, in the Northwest Territories, in Saskatchewan and increase the extinction for the entire species. That was the thrust of our argument, that clearly the loss of these herds in and of themselves requires an emergency order,” said Melissa Gorrie, legal counsel for EcoJustice, which is representing the two environmental groups.

“As for what this court decision means, this is a very useful step towards protecting caribou in northeastern Alberta and towards respecting First Nations’ rights in the area,” said Jack Woodward, legal counsel for the First Nations. “But we’ll have to see what the environment minister does in response to the case: the ball is now back in his court.”

While the federal court’s decision is one step forward, the same cannot be said for the province’s new $2 million woodland caribou recovery program.

“It’s just scratching the surface,” said Lameman.

The new provincial protection policy is geared toward “maintaining and restoring caribou habitat and carefully managing populations of alternate prey species and predators,” as stated in a news release from Alberta Sustainable Resource Development.

“Look at the case itself, we’re talking about real protection of the habitat,” said Lameman. “As long as the (province) keeps giving out development permits and keeps not addressing the (issues), the less chance the caribou have of making a recovery.”