A Winnipeg judge has decided there is no urgent need to remove protesters from the Parker Wetlands.
A small group has been camping on a pocket of clear cut land in South Winnipeg since July 14. The land owners, which want to develop the space into a residential neighbourhood, believe this is preventing their work and has caused them irreparable harm.
In court Wednesday, Justice Herbert Rempel denied the land owners’ request to seek an injunction this week, and instead moved the case until November 2. This will allow the protesters time to seek legal representation.
In court lawyer Kevin Toyne, who is representing two numbered companies which own the land where Gem Equities wants to develop a residential neighbourhood, argued the protesters are becoming more emboldened. He said one has been seen with an axe, and others are now wearing masks to conceal their identity.
"The trespassers are breaking the law. They've been asked to leave repeatedly and they've refused,” Toyne said. “I don't know how you would react if you got home from work one day and there was a person holding an axe refusing to get off your property. You would call the police expecting them to do something about it.”
Jenna Vandal, a protester, said the axe was being used to clear the land and chop fire wood, not as a weapon. The protesters are sometimes wearing masks to protect themselves from dust, as well as to protect themselves from being identified and sued.
“There’s no weapons. I mean fists can be considered weapons anyway, so I’d like to know what they consider weapons anyway,” said Vandal.
“I’m very pleased with what the judge has said again and again, but my concerns for Metis interests and rights is legitimate,” Vandal said.
Toyne criticized the police for not removing the protesters from the camp and believes the protestors, whom he called trespassers, are getting special treatment.
“Police are failing to take action," Toyne said. “They’re breaking the law. They should be dealt with in the same way that any other Winnipegger who breaks the law is dealt with.”
Toyne said the delays in clearing the trees are affecting other aspects of the development. He said his clients will now seriously consider arresting and removing the protesters from the site themselves.
“All Canadians have three options when someone trespasses on their property,” Toyne said. “They can call the police. They can go to court. Or they can arrest and remove the trespassers themselves under trespass legislation that exists in most provinces.”
The case is scheduled to back in court November 2.
