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
Video shows suspect setting Toronto-area barbershop on fire
Video of a suspect lighting a Richmond Hill barbershop on fire earlier this week has been released by police.
'I have the will to live': N.B. woman needs double lung transplant
A New Brunswick woman suffering from sarcoidosis, a disease that limits your lung capacity, is in need of a double lung transplant.
The kids from 'Mrs. Doubtfire are all SUPER grown up now, and we're not OK
The adorable trio of child actors from the 1993 classic comedy 'Mrs. Doubtfire,' which starred the late and great Robin Williams, are all grown up and looking back on their seminal time together.
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.
Boeing is on the verge of launching astronauts aboard new capsule, the newest entry to space travel
It’s the first flight of Boeing’s Starliner capsule with a crew on board, a pair of NASA pilots who will check out the spacecraft during the test drive and a weeklong stay at the space station.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
A Chinese driver is praised for helping reduce casualties in a highway collapse that killed 48
A Chinese truck driver was praised in local media Saturday for parking his vehicle across a highway and preventing more cars from tumbling down a slope after a section of the road in the country's mountainous south collapsed and killed at least 48 people.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.