Tree cutting at Lemay Forest – and protesting – can go on, Winnipeg judge rules

A judge has ruled the owner of a private property in south Winnipeg can continue cutting trees and developing the land.

Monday’s decision by Court of King’s Bench Justice Sarah Inness extends an injunction preventing people from restricting access and trespassing on the property known as Lemay Forest.

Members of the Coalition to Save Lemay Forest – like Louise May and Morningstar Woman – attended Monday’s hearing at the Manitoba Law Courts in Winnipeg.

Though the injunction was extended, the group is not seeing it as a loss.

“We feel we have a lot of direction to go, to countersuit and have our own injunctions and that’s what we’re gonna be working on,” said May. “So we’re looking forward to carrying on and getting this resolved as soon as possible.”

“I’m happy with it right now because that gives us time to organize and to make a callout to our governments to assist us in saving the Lemay Forest and saving our children,” added Morningstar Woman.

The plaintiffs had applied for the injunction against the people in the coalition to be expanded, but that was denied by the judge as there was not enough evidence a blockade is currently in place.

May says indeed, they are not blockading – saying they are simply having a ceremonial fire in the area – and access is not being restricted. She adds anyone is welcome to join them.

In her decision, Judge Inness said while any restriction to the private property is not allowed, the group has the right to free speech and can continue protesting on public property in the area. She said the group has every right to make the public aware of their concerns surrounding the development in the forest.

“There was a clear indication by the judge that our voices matter,” May said.

Inness added the area – a former Métis settlement and former grounds for an orphanage – was likely to be a site of unmarked and mass graves, in agreement with reports submitted by both the plaintiff and defence. The land defenders are concerned about the impact to potential graves.

Kevin Toyne, a lawyer representing the landowner, says the developer is taking every step to make sure an area where there are potential graves stays untouched in the forest, but plans to clear trees approved by the City of Winnipeg will continue.

“At this point the plaintiff is entitled, as it has been throughout, to resume clearing trees,” Toyne said. “I expect that in the next number of days, tree clearing will resume.

“It’s certainly what we asked the court to do. Individuals who are aware of court orders should abide by them.”

During the hearing, Toyne said no one is interested in the land as it is, so the developer is making changes by clearing trees.

“All levels of government had an extended period of time to make an offer on this property and they haven’t done that,” he said. “The landowner intends to develop it. The trees are going to get cut down and the land is going to be developed.”