Crown Ordered to Devise Caribou Rehabilitation Plan:" West Moberly"

In March of this year, the West Moberly First Nations ("West Moberly"), a Treaty 8 First Nation, successfully stalled work by First Coal Corporation ("First Coal") on a project in the Peace River coal field near Chetwynd, B.C., until a plan to protect and augment the dwindling Burnt Pine caribou herd could be introduced.

West Moberly brought judicial review proceedings against British Columbia and First Coal Corporation claiming that the Crown had failed to adequately consult with or accommodate West Moberly's right to hunt under Treaty 8 before Crown decision-makers authorized two permit amendments and a licence to cut timber in favour of First Coal.

Both the Crown and First Coal engaged in consultation with West Moberly, but no agreement was reached on how to deal with the potential impact of the exploration work on the Burnt Pine caribou herd. In the Crown's view, the Burnt Pine herd was one of nine caribou herds in the area, and represented only a very