Fairy Creek's old-growth logging protests injunction remains temporarily: judge
A court injunction against old-growth logging protests on Vancouver Island will remain in effect beyond its expiry date later this month at least temporarily, says a judge who will rule on its future.
British Columbia forestry company Teal Cedar Products Ltd. was in court this week applying for a one-year extension to the injunction, which was set to expire on Sept. 26.
But Justice Douglas Thompson said Friday it will be a matter of weeks before he provides his written decision on the request for an extension.
“It's a difficult decision,” he said at the conclusion of four days of hearings in B.C. Supreme Court. “I frankly don't know what I'm going to do at this point in time. It will probably be a matter of weeks.”
About 1,000 people have been arrested in the Fairy Creek area north of Port Renfrew since the RCMP started to enforce a B.C. Supreme Court injunction in May.
Teal Cedar lawyer Dean Dalke said the court has heard in submissions that public opinion favours stopping old-growth logging.
“But this is a court of law, not of public opinion,” he said.
He said not extending the injunction would be seen to condone the protests.
“The worst thing that could happen for the injunction is for it to lapse even for a day,” said Dalke, who told the court the blockades are impeding the company's legal rights to harvest timber.
Lawyers for a half dozen protesters disagreed with Dalke, arguing in favour of denying the injunction extension. They proposed allowing the injunction to expire and entering into a mediation process to resolve the issues of protecting ancient forests and logging interests.
Lawyer Steven Kelliher, representing Victoria landscaper Robert (Saul) Arbess, who opposes logging in the Fairy Creek area, said tensions at the blockades are rising and he fears people could get hurt.
“All for what, an injunction that should never have been issued in the first place,” he said.
Lawyer Elisabeth Strain, who showed the court videos of police pulling off the face masks of people at the blockades before dousing them with pepper spray, said the RCMP and the company have sought to “demonize” the protesters.
She said she supports mediation as a way to resolve the ongoing situation at Fairy Creek.
“Everything needs to calm down,” she said. “If the injunction continues and police enforcement continues, it's only going to escalate. The longer it goes the more likely somebody is going to be seriously hurt.”
Earlier Friday, the RCMP told Thompson it needs more powers to search and exclude people from the area.
Federal government lawyer Donnaree Nygard, who represented the RCMP, argued the Mounties also need more space to safely enforce the injunction.
This report by The Canadian Press was first published Sept. 17, 2021.
CTVNews.ca Top Stories
RCMP uncovers alleged plot by 2 Montreal men to illegally sell drones, equipment to Libya
The RCMP says it has uncovered a plot by two men in Montreal to sell Chinese drones and military equipment to Libya illegally.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
Government agrees to US$138.7M settlement over FBI's botching of Larry Nassar assault allegations
The U.S. Justice Department announced a US$138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest.
Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Thieves use stolen forklift to rip cash machine out of U.K. bank
Police in the U.K. are searching for a group of suspects seen on video using a forklift to steal a cash machine from a bank.
'There was a lot of black smoke': Crane operator sounds alarm while trapped during highrise fire in Halifax
A tower crane operator alerted emergency crews after noticing a fire on a construction site in Halifax Tuesday morning.