Caribou access puts B.C. mine on hold

The B.C. Court of Appeal has ordered the provincial government to consult more fully with a First Nation over the effects of a mining project on a caribou herd in northeast B.C.

The dispute dates back to the fall of 2009 when the Mines Ministry granted a coal mining exploration permit that the West Moberly First nation said would destroy critical winter habitat for the endangered Burnt Pine caribou herd.

Last year, the B.C. Supreme Court ruled the West Moberly's treaty right to hunt included providing protection for the caribou and the government needed to do a better job of accommodating the interests of the First Nation.

The B.C. government challenged that decision, but in a two-one decision, a three-member panel of the appeal court dismissed the appeal in a decision released Wednesday.

The court said the Crown failed to consult the West Moberly adequately and failed to accommodate their hunting rights, and ordered the coal permit set aside pending a new round of consultations.

West Moberly Chief Roland Willson said after the ruling was made public that the court has sent a clear message that B.C. must help protect his nation's treaty rights. Willson said he wants to work with the government to save the caribou from extinction.