B.C. Appeal Court extends injunction against old-growth logging protests at Fairy Creek
British Columbia's Court of Appeal overturned a lower-court ruling Wednesday and extended an injunction against old-growth logging protests until September on Vancouver Island.
In a unanimous decision, a panel of three judges granted the appeal by forestry company Teal Cedar Products Ltd. of a B.C. Supreme Court decision that denied the company's application to extend the injunction by one year.
More than 1,100 people have been arrested while protesting old-growth logging in the Fairy Creek area near Port Renfrew.
“The public interest in upholding the rule of law continues to be the dominant public interest in cases involving civil disobedience against a private entity,” says the written decision from the panel.
B.C. Supreme Court Justice Douglas Thompson refused to extend the injunction last September, saying police enforcement led to serious infringements of civil liberties including freedom of the press.
He also said the factors in favour of extending the injunction did not outweigh the public interest in protecting the court's reputation.
However, the Appeal Court's decision said the court's reputation isn't depreciated by granting an injunction to stop unlawful conduct.
“The conduct of police does not tarnish the reputation of the court; the court and police are constitutionally independent,” the decision says.
A lawyer for Teal Cedar argued during a two-day Appeal Court hearing in November that the company has the right to pursue its economic interests while facing an organized protest campaign that disrupts its legal right to harvest timber.
Company lawyer Dean Dalke told the court the rule of law must be upheld, and the lower-court judge erred in concluding the court's reputation would be diminished by continuing the injunction.
The panel agreed with the company.
“In conclusion, and with respect, we are of the view that the judge erred by giving weight to irrelevant considerations and by giving too little weight to the public interest in upholding the rule of law, which must be the dominant consideration in all cases involving significant and persistent acts of civil disobedience.”
Lawyer Malcom Funt, representing the protesters, known as the Rainforest Flying Squad, told the court in November the company has the right to defend its economic interests, but others also have rights to lawful protest and freedom of expression and movement.
Funt said there are limits to a company's economic and private-industry rights.
A temporary injunction preventing protests against logging activities in the area had been in place since September.
This report by The Canadian Press was first published Jan. 26, 2022.
CTVNews.ca Top Stories
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
New Norad commander calls Canada's defence policy update 'very encouraging'
American troops will be spending more time training in the Far North, the new commander of Norad says, a strategy that fits 'hand-in-glove' with Canada's renewed focus on Arctic defence.
$70M Lotto Max winners kept prize a secret from family for 2 months
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Are Canadians getting sick from expired food?
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
Documents reveal Ottawa's efforts to get Loblaw, Walmart on board with grocery code
It was evident to the federal government as early as last fall that Loblaw and Walmart might be holdouts to the grocery code of conduct, jeopardizing the project's success.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Improve balance and build core strength with this exercise
When it comes to cardiovascular fitness, you may tend to focus on activities that move you forward, such as walking, running and cycling.