Protesters camped outside Lemay Forest ordered to stay off property
Judge grants injunction ordering people to stop blocking entry to private land
A Manitoba judge has ordered protesters camping outside the Lemay Forest in Winnipeg's St. Norbert's neighbourhood to stop blocking entry to the privately owned area.
Court of King's Bench Justice Sarah Inness granted the injunction Monday afternoon, ordering over a dozen people alleged to be participating in the blockade to stop preventing access to the roughly seven hectares of forest land owned by Tochal Development Group south of the Perimeter Highway.
About 50 people, including neighbouring residents and First Nations, gathered Monday morning in the camp, which was set up over the weekend. They're demanding the city to step in and stop the developer from chopping down trees in what they say is sacred land that must be preserved.
The judge has ordered the protesters to remove all obstructions and to stop preventing the developer's right to access the property, including through city-owned land.
John Wintrup, a planner representing the owner of the property, said he and other workers have been threatened, and that he himself was assaulted, chased by vehicles and almost run over as he tried to enter the property on Friday.
Wintrup said he reported the incident to police.
WATCH | Winnipeggers camp outside forest to protest tree removal:
None of the allegations have been proven in court. CBC News has reached out the leadership of the Coalition to Save Lemay Forest, whose members are taking part in the protest.
"There are a number of non-violent actions they could have taken.… Instead, they resorted to, I would say, bullying and aggressive and violent tactics," Wintrup said.
Also on Monday, the property's owner filed a lawsuit against the protesters, seeking aggravated and punitive damages resulting from trespass and intimidation, as well as an order to make the injunction permanent.
"In civil society, if we have a disagreement, we can exercise it through the court," Wintrup said. "They played that game, now they're going to pay."
Hearing set for next week
The injunction will be back in court to be reviewed on Monday, at which point Wintrup said they plan to add the names of other people who have allegedly participated in the blockade or trespassed the property, including elected officials.
Winnipeg city councillors Russ Wyatt and Markus Chambers attended the lighting of a sacred fire on Monday, urging the owner to stop the tree clearing while no development plan has been approved.
Tochal's initial proposal for an assisted living proposal for a 5,000-bed, assisted living facility was rejected by the city in September. In October, it gave it permission to clear the trees, ending a cease-and-desist order.
Tree clearing resumed last week. The developer said nearly half a hectare of wooded area has been cleared.
In its motion for the injunction, the developer had sought an order to restrict protesters from trespassing on city-owned land adjacent to the forest, but the judge's ruling left it open for protesters to be there as long as they're not interfering with their carrying on of their business.
In an affidavit, Wintrup said he's made repeated attempts to engage organizations, governments and residents on a 2020 report indicating the potential presence of unmarked graves in the northwest corner of the property, but that they parties have shown a "lack of interest."
He said a 2023 proposal to retain 33 per cent of the property as public park space and keeping 22 per cent of the trees was similarly ignored by the residents opposing the development.
A report proposing a bylaw setting protection of trees on private property is expected to be tabled in the new year.
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With files from Mike Arsenault