Ongoing protests, arrests at Fairy Creek over logging 'not working,' says judge
A British Columbia Supreme Court judge suggested Thursday he will consider new options to address the future of an injunction against blockades by people opposed to logging old-growth trees on part of Vancouver Island.
Justice Douglas Thompson expressed concern about the situation that's unfolding in the Fairy Creek area north of Port Renfrew after hearing from lawyers representing protesters and the RCMP.
B.C. forestry company Teal Cedar Products Ltd. has applied to the court to extend by one year the injunction order against protest blockades. The injunction expires on Sept. 26.
“Perhaps, the only thing everybody agrees upon right now is what's being done is not working,” said Thompson, who instructed lawyers to come to court Friday prepared to discuss the structure of the injunction.
He said he will not deliver a decision Friday on the company's application and his ruling will come after Sept. 26.
About 1,000 people have been arrested in the Fairy Creek area since May when the RCMP started to enforce an earlier B.C. Supreme Court injunction against blockades erected in several areas near logging sites.
The court heard from lawyers representing the protesters who argued people from all walks of life with environmental concerns are being treated like terrorists by police and the company.
A lawyer for the Mounties said police are being tasked with enforcing a court injunction under increasingly difficult circumstances.
“My overall point will be that there is nothing here to lead this court to the conclusion that there is a general problem with the way the RCMP is enforcing this injunction,” said lawyer Donnaree Nygard, who represents the Mounties on behalf of the Attorney General of Canada.
She said a video that shows an RCMP officer stomping on a protester's guitar was “probably unnecessary,” but throughout the injunction period there is not enough information “to find or imply the RCMP acted inappropriately in those situations.”
Nygard cited a court affidavit filed by RCMP Chief Supt. John Brewer, who is a senior officer at Fairy Creek, saying “this is the most complex operation he has been involved in. He says the ground shifts every day.”
Lawyer Elizabeth Strain showed the court videos and photographs of police allegedly unsafely removing protesters from trees and ditches, and pulling off face masks of people at the blockades before dousing them with pepper spray.
The protesters include youth, teachers, retired scientists, doctors, lawyers and students with fears about climate change who want to protect the trees. They are being treated like terrorists, she said.
“These people are not terrorists,” said Strain. “They are regular people who have come down to protest. These are people who are terrified for the future. They are being met with militarized police force.”
Thompson told Strain the videos “rankled” him at times because the protesters appear to be employing tactics purposely designed to make enforcement of the injunction more difficult.
But he later expressed concern to Nygard about seeing video of police removing a young woman's face mask and spraying her with pepper spray.
“At some level, don't I have to reach a conclusion about the way they are enforcing the court order?” Thompson asked.
Lawyer Matthew Nefstead, representing several members of the Rainforest Flying Squad protest group, opposed a separate application on behalf of the RCMP that asked the court to give the police more powers.
Teal Cedar lawyer Dean Dalke told the court Tuesday the blockades are impeding the company's legal rights to harvest timber and alleged the actions of the protesters pose dangers to employees and the RCMP.
This report by The Canadian Press was first published Sept. 16, 2021.
CTVNews.ca Top Stories
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.
BREAKING 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.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
Soft skills, preparation can help new graduates land jobs, experts say
As new graduates enter the workforce over the next few weeks, they are likely to face challenges getting their foot in the door and must be prepared to effectively communicate what they bring to the company.
RCMP uncovers plot to sell drones and equipment to Libya
The RCMP says it has uncovered a ploy to sell Chinese drones and military equipment to Libya illegally.