Update on Proceedings for the Bathurst Caribou and the Bluenose-East Caribou

There are two WRRB proceedings currently underway, one for the Bathurst caribou herd and one for the Bluenose-East caribou herd.  What is a proceeding and what happens during one?  There is a fair amount of legal language that goes along with proceedings and the Board’s function as a co-management tribunal.  Here is a description of the current proceedings and a “Proceedings Primer” with some definitions.

In December, 2015, the Tłı̨chǫ Government and the Department of Environment & Natural Resources (ENR), Government of the Northwest Territories submitted two joint proposals to the WRRB:  “Joint Proposal on Caribou Management Actions for the Bathurst Herd:  2016-2019” and “Joint Proposal on Management Actions for Bluenose-East Caribou 2016-2019”.  The Proposals outline proposed management actions for the Bathurst Caribou herd and for the Bluenose-East caribou herd in Wek’èezhìı.  The Board opened two proceedings on January 18, 2016:  one for the Bathurst caribou herd and one for the Bluenose-East caribou herd. 

What is a Proceeding?

A proceeding is a public meeting, consultation, or a written or public hearing in which the Board makes a determination on a matter over which it has authority.

The WRRB is responsible for the management of wildlife, plants, forests and protected areas throughout Wek’èezhìı. It guides the management of these renewable resources by making recommendations and in some cases, determinations.  A determination is like a verdict that is arrived at after careful consideration of the “evidence” or information.  A determination sets a direction for a course of action. 

The Board is considered a “quasi-judicial tribunal” –functioning similarly to a court in the sense that tribunals hear “evidence” and make decisions or determinations after carefully reviewing the information before them.  

Tribunals act in the public interest as advisors and decision-makers.

The Tłı̨chǫ Agreement says that the WRRB can make determinations on Total Allowable Harvest (TAH) and if applicable, on any allocation –or distribution --of a TAH.  A TAH is a total amount of a wildlife population that may be harvested annually. 

When the Board reviews wildlife management proposals, it uses a wide range of information to make balanced decisions, including traditional knowledge, scientific information and expert opinion.  The Board can also hold meetings or public hearings to seek out information and hear the public’s views on wildlife issues. 

Public Hearings

The Board is required to hold a public hearing when considering a proposed Total Allowable Harvest (TAH) for a wildlife species or a population that has not had a TAH within the past two years. Both the Joint Management Proposal for the Bathurst Caribou herd and the Joint Management Proposal for the Bluenose-East Caribou herd recommend limiting the caribou harvest and include TAH’s.   

The WRRB held a Public Hearing for the Bathurst Caribou herd Proceeding on February 23-24, 2016.  Transcripts of that Hearing can be found on the Public Registry at www.wrrb.ca  The Public Hearing for the Bluenose-East Caribou herd Proceeding will be held on April 6-8, 2016 in Behchokǫ̀.   The Board also observed the Bluenose-East Caribou Herd Public Hearing that was held in Délı̨nę on March 1-3, 2016.  The Sahtú Renewable Resources Board (SRRB) and WRRB signed an Memorandum of Understanding in October 2015 setting out a cooperative approach to public hearings on the Bluenose-East caribou herd to ensure management of the Bluenose-East caribou herd is as effective as possible.  Each Board will conduct its own proceeding, including a public hearing in both the Sahtú and Wek’èezhìı.

The purpose of a hearing is to gain a full sense of the various perspectives and to gather as broad a range of information as possible to reach a good decision –one that is reasoned, balanced and fair.   Once they are made, the Board must explain the reasons for its determinations.  It does this in a written document titled Reasons for Decisions.

Who is at a Public Hearing?

• The Proponents –or Applicants -- who have come to the Board with a proposal they wish the Board to consider.  They are the main “actors” in the Proceeding and present evidence in support of their proposal.  In the current Proceedings, the Applicants are the Tłı̨chǫ Government and the Department of Environment and Natural Resources, who submitted joint management proposals for the Bathurst caribou herd and for the Bluenose-East caribou herd. 
• Intervenors – Other interested individuals, groups or organizations who may want to challenge or question the applicants can apply as Intervenors in the Proceedings.   
• Board Members, Staff
• Legal counsel for the Board
• The Board’s advisors (Tłı̨chǫ Knowledge and science)
• Members of the public can sit in on the Public Hearing.  Each day of the Hearing there are opportunities for members of the public who wish to make a statement. 

How does the Board make its Decisions?

The Board is guided by principles that are set out in the Tłı̨chǫ  Agreement.  They include having regard for the importance of wildlife and its habitat to Tłı̨chǫ well-being, way of life and land-based economy, and the principles and practices of conservation. The use of the best available information to make balanced decisions, including traditional knowledge, scientific information, and expert opinion, is another important guiding principle.  These same principles will apply to the Board’s decision-making process in the Proceedings. 

During the course of the Proceedings, the Board will review all the evidence filed by the parties and identify any issues or concerns that must be addressed in the proposals and to resolve them if possible before the close of the Proceeding. 

The Board must make decisions after hearing the evidence presented at the Public Hearing where the parties involved set out their positions, and after reviewing other sources of information.  The Board works together in making its decisions.  Once its final consensus decisions are made, the Board will submit them along with a final report, Reasons for Decisions, to the Tłı̨chǫ Government and ENR. 

The Minister of ENR can accept, modify or reject the Board’s recommendations.  However, the Minister must accept any determinations made by the Board, and put them into effect.   

For More Information

• Rules for the conduct of proceedings before the Board are set out in The Rules of Procedure.  The Rules help to ensure that the proceedings are fair, efficient and focused.
• The Public Registry contains all the information presented to the Board during the Proceedings and can be viewed at any time at www.wrrb.ca   The public can keep up-to-date by subscribing online to receive email notifications when new documents are filed on the Public Registry. 
• Schedules for the 2016 Bathurst Caribou Herd Proceeding and for the 2016 Bluenose-East Caribou Herd Proceeding can be viewed on the Public Registry at www.wrrb.ca