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
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.