A judge has granted the continuation of an injunction to the owner and developer of a St. Norbert forest, forbidding the defendants from trespassing on the property.
Justice Sarah Inness made her decision Monday, but did not grant the plaintiff’s request to extend the injunction to a strip of city-owned land the developer used to access the Lemay Forest. A camp and sacred fire were erected on the city-owned land on Dec. 26 after contractors began cutting trees in the forest three days earlier. Inness indicated the protestors can continue to occupy the site as long as they do not impede the developer’s access to the forest.
“It’s certainly what we asked the court to do,” said Kevin Toyne told reporters outside court. Toyne is representing landowner MeMaz Inc, also known as Tochal Developments Inc. “Individuals who are aware of court injunctions should abide by them, and it’s unfortunate that individuals have taken the law into their own hands.”
The initial injunction was granted December 30th, after the planner hired to manage the development, John Wintrup, alleged he was assaulted and chased by members of the camp. Those allegations have not been proven in court.
“There is an importance for people to have freedom of speech and for raising social awareness for important items. We believe in that too,” Wintrup said. “We also believe businesses should have access to their property.”
About 20 members of the Coalition to Save the Lemay Forest and supporters attended the hearing, with some drumming outside court after the decision.
“I’m happy with it for now, because it gives us time to organize and to make a call out to our governments to assist us in saving the Lemay Forest and saving our children,” said a Coalition spokesperson who referred to herself as Morningstar Woman.
“We feel we have a lot of direction to go to counter suit and have our own injunctions, and that’s what we’re going to be working on,” spokesperson Louise May said.
Ian Histed, who is representing one of the 22 defendants, argued the entire property should be considered a cemetery under the province’s Cemeteries Act. The Asile Ritchot, a home for unwed mothers that operated until 1949, had a cemetery in the forest.
Tochal argued they have indicated to contractors to leave a 100-metre buffer zone around where the cemetery is believed to be. Histed argued there wasn’t enough evidence to show that a 100-metre buffer zone Tochal laid out would exclude all potential grave sites, believed to be upwards of 1500.
Histed also asked for a condition of the injunction be that Tochal Developments cease tree clearing immediately. The judge denied that request.
“The plaintiff is legally entitled to get back onto its property to engage in lawful tree clearing. Individuals who don’t like that don’t have a right to stop it,” Toyne said.
Wintrup said a potential offer to buy the forest from the Manitoba Habitat Conservancy is below market value, which Wintrup says has been assessed at $8 million.
Wintrup said tree clearing in the forest will resume “very soon”.