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
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment which has been banned at Queen’s Park.
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.
Ex-tabloid publisher testifies he scooped up possibly damaging tales to shield his old friend Trump
As Donald Trump was running for president in 2016, his old friend at the National Enquirer was scooping up potentially damaging stories about the candidate and paying out tens of thousands of dollars to keep them from the public eye.
Here's why provinces aren't following Saskatchewan's lead on the carbon tax home heating fight
After Prime Minister Justin Trudeau said the federal government would still send Canada Carbon Rebate cheques to Saskatchewan residents, despite Saskatchewan Premier Scott Moe's decision to stop collecting the carbon tax on natural gas or home heating, questions were raised about whether other provinces would follow suit. CTV News reached out across the country and here's what we found out.
Montreal actress calls Weinstein ruling 'discouraging' but not surprising
A Montreal actress, who has previously detailed incidents she had with disgraced Hollywood producer Harvey Weinstein, says a New York Court of Appeals decision overturning his 2020 rape conviction is 'discouraging' but not surprising.
Caleb Williams, Jayden Daniels and Drake Maye make it four NFL drafts with quarterbacks going 1-3
Caleb Williams is heading to the Windy City, aiming to become the franchise quarterback Chicago has sought for decades.