Injunction extended against protesters in Lemay Forest

A court-ordered injunction against a group protesting the clearing of a Winnipeg forest will remain in place.

On Monday, Manitoba Court of King’s Bench Justice Sarah Innes extended a previous interim injunction issued last week, which ordered protesters to leave an area of Lemay Forest.

In recent weeks, dozens of people have gathered near the forest to stop trees from being cut down by Tochal Development Group.

In her decision, Innes stopped short of granting an expansion to the injunction, as requested by the developer. The expansion would have seen the complete removal of protesters from around Lemay Forest, including from public property.

The developer’s lawyer, Kevin Toyne argued the expansion was necessary to allow his client to access the grounds. He claimed the blockade hadn’t been removed, despite the court order.

“Unless the order is expanded to prohibit individuals who aren't otherwise authorized to be on the city's lands from being on them, the plaintiff is not going to recover lawful access to its property to engage in lawful activities,” Toyne told the court.

But Innes disagreed, saying she had “insufficient evidence” to believe the blockade is still in place.

“While I understand the concerns raised by the plaintiffs regarding its reluctance to attend the property … I'm not prepared to order the protesters to be removed from public city property, particularly given the fact that the city and the police have not taken steps to have those protesters removed,” Innes said in her decision.

Innes also refused to include a condition in the injunction that would stop trees from being cut down on the property.

Development at Lemay Forest has been sparked by controversy.

In September, Tochal started cutting down trees until it received a cease-and-desist from the city. However, in October, the city issued a permit allowing Tochal to resume tree removal.

Tochal wants to build an assisted-living facility on the site, but the plan was defeated by the city, with an appeal hearing set for mid-February.

Residents and activists are concerned about the forest being destroyed to make room for the development.

“We're not protesting,” said activist Morning Star Woman following the decision. “We're protecting. Protecting our children and protecting our land.”

The protesters said they plan on staying put for as long as necessary.

“We have to get to the next level, so we need to get injunctions going of our own,” said Louise May, a member of the Coalition to Save Lemay Forest.

Ian Histed, the lawyer representing one of the coalition’s members, called Innes’ decision “a bit of a victory,” but said it could take a few weeks before the coalition brings forward any injunctions.

Meanwhile, Tochal planner John Wintrup said tree clearing will continue in the coming days.

“We’re moving forward,” Wintrup said, adding he expects police will step in to help enforce the court order.

The Winnipeg Police Service previously told CTV News in a statement it remains aware of the situation at the park.

“No threats/assaults have been reported and no arrests have been made. We will continue to monitor and engage with involved parties when the need arises,” a spokesperson said.

- With files from CTV’s Charles Lefebvre.