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
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
Half of Canadians have negative opinion of latest Liberal budget: poll
A new poll suggests the Liberals have not won over voters with their latest budget, though there is broad support for their plan to build millions of homes.
opinion Why you should protect your investments by naming a trusted contact person
Appointing a trusted person to help with financial obligations can give you peace of mind. In his personal finance column for CTVNews.ca, Christopher Liew outlines the key benefits of naming a confidant to take over your financial responsibilities, if the need ever arises.
Teacher shortages see some Ontario high school students awarded perfect grades on midterm exams
Students at a high school in York Region have been awarded perfect marks on their midterm exams in three subjects – not because of their academic performances however, but because they had no teacher.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Ottawa injects another $36M into vaccine injury compensation fund
The federal government has added $36.4 million to a program designed to support people who have been seriously injured or killed by vaccines since the end of 2020.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
An Ontario senior thought he called Geek Squad for help with his printer. Instead, he got scammed out of $25,000
An Ontario senior’s attempt to get technical help online led him into a spoofing scam where he lost $25,000. Now, he’s sharing his story to warn others.
Her fiance has been in prison for 49 years. She's trying to free him before it’s too late
She was lying in bed on a Thursday morning, thinking about the man she loved, hoping to win his freedom before time ran out.