Protecting boreal caribou in Alberta

Alberta Wilderness Association et al v Minister of Environment and Climate Change Canada
Photo by peupleloup via Flickr
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In 2019, Ecojustice launched a lawsuit aimed at protecting five herds of boreal caribou in Alberta: the Red Earth, Richardson, West Side Athabasca River, East Side Athabasca River, and Cold Lake herds.

On behalf of the Athabasca Chipewyan First Nation, Mikisew Cree First Nation, Alberta Wilderness Association, and the David Suzuki Foundation, Ecojustice asked the court to compel the Minister of Environment and Climate Change to recommend a safety net order to protect boreal caribou habitat under the Species at Risk Act (SARA).

In 2020, Ecojustice discontinued this lawsuit after the Minister informed our clients he would make a recommendation.

Unfortunately, the federal government opted not to follow the Minister’s recommendation. Instead, it says it will rely on a conservation agreement with the province to protect boreal caribou.

Under the plan, the Alberta Government will be responsible for delivering range plans for caribou herds in northeastern Alberta within five years. At the time of the announcement, there were no plans for interim protections for caribou or their habitat.

Boreal caribou are listed as threatened under SARA. But while this species faces pressing threats, provinces have failed to take meaningful steps to protect it. That’s why Ecojustice launched a lawsuit aimed at forcing the federal government to step in.

Boreal caribou are deeply interconnected with the forests and wetlands where they live. This means that, when we protect boreal caribou, we automatically end up protecting the boreal zone, a vast ecosystem that plays an important global role in storing carbon, purifying air and water, and regulating the climate. 

Boreal caribou are also important culturally, especially to Indigenous Peoples, including Ecojustice clients The Athabasca Chipewyan First Nation and Mikisew Cree First Nation. In the words of Chief Allan Adam of the Athabasca Chipewyan First Nation, “ACFN has a special relationship with caribou because they have sustained our people for thousands of years. This relationship is supposed to be protected by our treaty rights. However, we no longer hunt woodland caribou in our territory because of the impacts of industrial development and the failures of Alberta and Canada to protect them.”

It is clear Ecojustice’s lawsuit was a powerful motivator for the province and the federal government to finalize a conservation agreement to protect boreal caribou. Thanks in part to pressure from the litigation, the province agreed to meet federal recovery strategy targets for undisturbed habitat (at least 65 per cent) and agreed to greater transparency with respect to caribou populations and habitat disturbance.

However, the decision to rely on this federal-provincial conservation agreement rather than a SARA safety net order could leave boreal caribou in Alberta without the immediate protections they need.

Unfortunately, the timelines in the conservation agreement may not move fast enough to protect threatened herds. That’s why we say the federal government should have made an additional safety net protection order under s. 61 of SARA to ensure habitat protection in the interim until the range plans and other actions are put in place.

Photo of caribou by peupleloup, via Flickr. Image obtained under Creative Commons. 

 

Key developments

Press release

First Nations, environmental groups call on Alberta and Canada to implement immediate actions to protect boreal caribou

CALGARY – The Alberta Wilderness Association, Athabasca Chipewyan First Nation (ACFN), Mikisew Cree First Nation (MCFN), David Suzuki Foun...

October 29, 2020

Press release

Caribou hearing adjourned pending further discussions with federal government

CALGARY – A legal case concerning protection for boreal caribou habitat in northeastern Alberta has been adjourned, pending further discus...

December 16, 2019

Press release

First Nations, environmental groups launch lawsuit to protect at-risk boreal caribou

CALGARY — Ecojustice lawyers, acting on behalf of the Athabasca Chipewyan First Nation, Mikisew Cree First Nation, Alberta Wilderness Asso...

January 24, 2019

Blog

Breaking news: Ecojustice launches lawsuit to protect boreal caribou in Alberta

Ecojustice lawyers filed a lawsuit against the Minister of Environment and Climate Change on behalf of the Athabasca Chipewyan First Nation,...

January 24, 2019

Blog

Feds must step in after Alberta backtracks on caribou protection plan

The federal government has no choice but to step in to protect Alberta's boreal caribou now that the province has once again proved it is un...

March 28, 2018

Press release

Environmental groups, Cold Lake First Nations, petition Minister of Environment and Climate Change for caribou protections

Safety net order would allow the federal government to extend Species at Risk Act protections to boreal woodland caribou in Alberta CALGA...

November 27, 2017

Blog

Spelling out SARA protection for Alberta’s boreal caribou

We are asking the Minister of Environment and Climate Change to take steps to protect boreal caribou in Alberta. Antlered. Big-eyed. Cana...

November 27, 2017

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