Climate change cited as reason to deny injunction extension over logging in B.C.
Public concerns over climate change should play a large part in deciding whether a British Columbia forestry company is granted an extension to an injunction against protests over the logging of old-growth forests, a court heard Wednesday.
The B.C. Supreme Court must weigh the importance to the environment that protecting old-growth trees plays in the Fairy Creek area of Vancouver Island as opposed to considering the economic interests of Teal Cedar Products Ltd., which has applied for a one-year extension to the injunction, lawyer Steven Kelliher said.
Almost 1,000 people have been arrested in the area north of Port Renfrew since May when the RCMP started to enforce an earlier B.C. Supreme Court injunction against blockades erected in several areas near logging sites.
“Could the public interest be more heavily engaged than (about) this issue before you today?” Kelliher asked. “It is a matter of considerable public interest.”
Kelliher said he represents Victoria landscaper Robert (Saul) Arbess, who is opposed to the extension of the injunction on grounds that logging of old-growth trees in the Fairy Creek area harms the environment.
He said the battle to protect the old-growth forests of Fairy Creek is connected to the global fight against climate change.
The people of B.C. experienced the effects of climate change in recent months, with a deadly heat dome that produced record high temperatures, raging wildfires across much of the province and a fire that destroyed the community of Lytton, Kelliher said.
Old-growth forests, like the trees in Fairy Creek, store large amounts of harmful greenhouse gases, protect numerous species of plants and animals, and prevent floods and landslides, he added.
“This is the magnitude of issues that constitute the public interest in this case,” said Kelliher. “These are interests of our life and safety today. Yes, laws have to be enforced but law enforcement is subject to other values.”
Teal Cedar lawyer Dean Dalke told the court Tuesday the blockades are impeding the company's legal rights to harvest timber and alleged that the actions of protesters pose dangers to employees and the RCMP.
He asked the court to “restore law and order on southern Vancouver Island,” where he said protests against logging have become more sophisticated and organized. Dalke argued “anarchy” will result if the extension is not granted.
The court also heard submissions Wednesday from lawyers representing six people opposed to the injunction extension. They argued the company and the RCMP have overstepped their authority at Fairy Creek.
“This is really about the rule of law and what kind of country we want to be as we move forward in the climate crisis,” said lawyer Patrick Canning.
Canning, representing blockade supporters Kathleen Code, Carole Toothill and Indigenous elder Bill Jones, said Teal Cedar has hired tow truck operators to remove vehicles legally parked along public roads near the protest sites. The owners must pay $2,500 to retrieve their vehicles from an impound lot and are told they could be held liable in further court action, he said.
“We submit this is an experiment,” said Canning. “It's happening under the cover of this court injunction.”
The RCMP has applied to the court to extend search and access powers in the injunction area.
Lawyer Matthew Nefstead told the court he is representing three members of the protest group Rainforest Flying Squad, who oppose the injunction application on grounds that allege the RCMP's enforcement actions in exclusion zones are unlawful.
This report by The Canadian Press was first published Sept. 15, 2021.
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.