Protesters can stay, but must not block access to tree-cutting in Lemay Forest, judge rules
CBC News | Posted: January 7, 2025 1:31 AM | Last Updated: January 7
Developer says protesters threatened, assaulted him
A Manitoba judge has ruled protesters can't stop trees from being cut down in Lemay Forest and extended an injunction forcing them to leave the privately owned property.
Manitoba Court of King's Bench Justice Sarah Innes granted the request from Tochal Development Group, which owns the property, to extend the interim injunction first granted near the end of December.
But she did not approve a request from the developer to order the protesters to leave the surrounding area.
John Wintrup, a planner who represents Tochal, told CBC News last month 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 Monday, Innes told the court she had "insufficient evidence" that protesters were still trying to block access to the site.
"While I understand the concerns raised by the plaintiffs … I'm not prepared to order the protesters to be removed from public city property, particularly given steps that the city and the police have not taken steps to have those protesters removed," she said.
Speaking to reporters outside court, Wintrup said he hoped to see police enforce the injunction.
"There's importance for people to have a freedom of speech and raising social important items. We believe in that too. We also believe that business owners should have access to their property," he said.
In September, city council rejected a plan to build a 5,000-bed, 2,500-unit assisted living facility, which city planners said was too big for the site. The Manitoba Municipal Board is set to hear an appeal of that decision in February.
The city gave Tochal permission to start clearing trees in October, but that halted after people began camping out on the land last month.
With the decision on Monday, Wintrup said he expects tree-cutting to start again soon.
"We are going to continue clearing the land and vegetation. We've said that all along."
Protesters say the forest is a ceremonial site for Indigenous people, and has remnants of a cemetery connected to a former orphanage.
People camped outside the access area to protest the clearing of trees.
Innes told court Monday the intention of her decision ensured protesters can make their concerns heard, but in a lawful and non-violent way that doesn't create a blockade.
'Our voices matter': Protester
That resonated with protester Louise May, who said opponents of the project planned to take their own action in court.
"There was a clear indication by the judge that our voices matter," May said.
"It's clear that there's a contravention in terms of The Cemeteries Act, and especially in terms of the habitat. So we feel that we have a lot of direction to go to counter-suit and having our own injunctions, so that's what we're going to be working on."
Ian Histed, a lawyer who represented one of the protesters, said on Monday the result was a bit of a victory, and the next step is likely for the protesters to file an injunction of their own.
"She said that there's no jurisdiction to stop the logging because nobody's asked for that.That can change."
Nearby residents and Indigenous groups have fought against the developer's plans for more than a year. Opponents of the development say the property, which is between Lemay Avenue and the Red River, south of the Perimeter Highway, is an important natural habitat.
Last week, the Manitoba Habitat Conservancy made an offer to buy the land from Tochal for $5.25 million, but Wintrup said that offer is less than the market value of the land.
Innes said the injunction will remain in place until another hearing is set.