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
BREAKING Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
AstraZeneca says it will withdraw COVID-19 vaccine globally as demand dips
AstraZeneca said on Tuesday it had initiated the worldwide withdrawal of its COVID-19 vaccine due to a 'surplus of available updated vaccines' since the pandemic.
'Summer of discontent': Federal unions vow to fight new 3-day a week office mandate
Federal unions are launching legal challenges and encouraging public sector workers to file "tens of thousands" of grievances over the new mandate requiring federal workers to return to the office at least three days a week in the fall.
Toronto police seek suspect vehicle after security guard shot outside Drake's mansion
Toronto police are seeking help from the public as they continue to investigate a shooting that seriously injured a security guard outside rapper Drake's mansion.
'Ozempic babies': Reports of surprise pregnancies raise new questions about weight loss drugs
Numerous women have shared stories of 'Ozempic babies' on social media. But the joy some experience in discovering pregnancies may come with anxiety about the unknowns.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Seafood, eat food: Calgary Stampede releases Midway menu
The Calgary Stampede has released its menu of sweet, salty and spicy treats available on the Midway for the Greatest Outdoor Show on Earth.
Boy Scouts of America is rebranding. Here's why they've changed their name
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
These snakes not only fake their own deaths, they use gory special effects to do it
Awards season may be over for human actors this year, but there’s no rest for some of nature’s most audacious thespians.