Fairy Creek: Appeals Court Reinstates Court Order Against Protesters Cutting Old Trees

“There is a big difference between peaceful protest and illegal and dangerous activity. The issue here is a serious concern for public safety, ”the judge said in the ruling.

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VICTORIA – The BC Court of Appeals reinstated an injunction against the Fairy Creek protesters.

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On Friday, Judge Sunni Stromberg-Stein granted a stay against a court ruling that last week lifted the injunction against the old logging blockages in Fairy Creek.

British Columbia Supreme Court Justice Douglas Thompson had ruled on September 28 that an injunction issued to Surrey-based forestry company Teal-Jones on April 1 would not be extended, saying that enforcement tactics of the RCMP “led to a serious and substantial violation of civil liberties” and discredited the reputation of the court.

Stromberg-Stein said that since the injunction expired, the RCMP’s presence has decreased and some protesters have created new camps, called for reinforcements, and restricted access to the RCMP and Teal-Jones employees and their contractors.

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The judge found that the blockades erected by protesters continue to have a significant and damaging impact on Teal-Jones operations. The company has struggled to start its typical logging business, resulting in potential loss of customers and degradation of its reputation, inability to winterize forest roads, possible unemployment and permanent loss of workers, and economic damage to its First Nations partners. Stromberg-Stein said.

The felled wood has been wasted and Teal-Jones has incurred security costs and costs associated with vandalism, he said.

“In a situation where criminal law has not been effective, it is in the justice of the court to grant this suspension to avoid serious harm to Teal-Jones,” said Stromberg-Stein.

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The court order is aimed directly at those protesters who are involved in illegal activities, he said, noting that Teal-Jones’ activities are authorized by the government and legal.

“No matter how unpleasant the protesters find the logging of Teal Cedar, their dispute is with government policy,” he said.

“There is a big difference between peaceful protest and illegal and dangerous activity. The problem here is a serious public safety concern since (Judge Douglas Thompson) refused to extend the court order. “

Granting the stay is an urgent matter, he said, given the upcoming long weekend, which may bring potential for an increase in the number of protesters.

In his appeals court filings, Teal-Jones attorney Dean Dalke said that anarchy will reign without a court order against the old logging blockades at Fairy Creek in southwest Vancouver Island.

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“That’s not an exaggeration or a rhetorical flourish,” Dalke said. “When people without legal rights, who are not accountable to anyone, control access to the public thoroughfare and choose who can and who cannot enter, that blatant disregard for the laws of this country is a situation of anarchy.”

Teal-Jones sought a stay or interim injunction against the individuals protesting his logging and road construction efforts on the 46 tree growing license pending the ruling of his appeal. The authorization to appeal and the appeal will be heard together on November 15.

Enforcing the court order was difficult due to Fairy Creek’s remote location and the extreme and increasing tactics used by blockers, Dalke told the court. But it was successful to some extent and Teal-Jones was able to harvest some wood, he said.

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When the injunction expired, more than 1,000 people had been arrested. As of September 13, the British Columbia Prosecutor’s Office had approved 101 criminal counts of contempt and three counts of Penal Code.

Since Thompson’s decision, the RCMP has removed most of its officers, Dalke said. During the court order, 20-40 RCMP officers actively participated in its enforcement at any one time. Afterwards, there were 12 officers in the local detachment. During the court order, the RCMP would respond within minutes. After he got up, it took hours for them to respond, if they did, he said. However, the police have reported some recent arrests, using criminal charges such as mischief rather than charges related to violation of a court order.

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The protest camp on Granite Road Mainline has been rebuilt from next to nothing. Blockers control who enters and leaves TFL 46, even preventing RCMP officers from entering the area, Dalke said.

A Teal-Jones contractor tried to break through the blockade with a group of tree planters. The crew was detained in a second blockade by protesters who insisted on searching their vehicles. The crew ultimately decided they wouldn’t risk being blocked on the way out and turned around, Dalke said.

On October 4, RCMP officers were told that they could proceed on foot but that they had to leave their cruise ships behind. The protesters also refused to allow the RCMP to search the camp for a missing person, saying they would follow up, Dalke said.

Steven Kelliher, the attorney representing Robert Arbess, an opponent of cutting down old trees, reminded the appeals court that in its Sept. 28 ruling, Thompson described the protesters as “moral and ethical citizens who strive to avoid the imminent destruction of a rare and irreplaceable ecosystem in the context of an existential environmental and climatological crisis ”.

Read more news from the island at timescolonist.com

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