Lemay Forest protester found guilty of contempt

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This article was published 26/02/2025 (195 days ago), so information in it may no longer be current.

A spokeswoman for the group fighting to save the trees of Lemay Forest has been found in contempt of an injunction order.

Justice Sarah Inness found Louise May in contempt of the order Wednesday.

“I am convinced beyond a reasonable doubt that Ms. May committed civil contempt of court when she breached the injunction on Jan. 8, 2025, by using her body to prevent the plaintiff from accessing the property,” Inness said.

An injunction order has barred opponents from impeding the owner’s access to the land, where trees had been cut down. Those protesting its development have been allowed to remain on adjacent city-owned property.

May, a member of the Coalition to Save Lemay Forest, had confirmed in court she was part of a group that at one point stood in the way of a machine trying to access the site.

“Her actions display a deliberate and intentional breach of the court order, notwithstanding her assertions otherwise. She did so to gain public attention and generate support. The fact that her purpose for preventing tree-cutting may be laudable, or ultimately vindicated, is irrelevant,” Inness said.

“To grant leniency in the circumstances of this case would send the erroneous message to the public that the means justify the ends. Court orders must be taken seriously in a civilized society if the rule of law is to be maintained.”

A sentencing decision is expected at a future date.

The future of the privately owned Lemay Forest has been contested for more than a year. Tochal Development Group is seeking approval to build a 2,500-unit assisted-living facility, while many nearby residents have fought to save the forest.

May and others have expressed concerns about protecting potential unmarked graves of Métis children and others. A cemetery was part of the former l’Asile Ritchot orphanage, which operated from 1904 to 1948 in part of the forest.

May has raised a private prosecution against the landowner and planner of the development, alleging the removal of trees on the land violates provincial cemetery legislation.

Inness rejected the developer’s request to compel May to terminate that separate court challenge.

“Ms. May should have a right to pursue a private prosecution if there is a basis for doing so. Allowing a private citizen to bring an allegation of criminal wrongdoing before the court is an important aspect of the criminal justice system,” Inness said.

Following the decision, May said she agreed with it and was relieved to hear her private prosecution can still be considered by the court. She said that process will begin on April 15.

“I’m very thankful for this ruling… I took a calculated risk to save the trees, and that’s my responsibility, I have to live with that,” said May. “Mostly, I’m extremely thankful for the fact that (the judge) recognized the private prosecution as being my right and that I deserve to have, and the whole forest and community deserves to have, the right place to have that (considered).”

A key planner for the proposed development said the decision offers an important message.

“I think the judge was very clear that people have a right to protest and raise important social awareness but … can’t break the law,” said John Wintrup.

After the owner resumed tree-cutting in December, opponents started a sacred fire and set up tents on city land next to the site, which led tree-clearing to stop.

Wintrup said the land remains unusable by its owner.

“We’ve lost all control of the property,” he said.

The planner said trees will not be cut down to allow time for the cemetery-related court challenge to proceed.

“We’re going to respect it until the courts have dealt with it appropriately,” he said.

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In the judgment, Inness noted May was “non-committal” in court when asked if she would comply with the injunction order in the future and had previously encouraged others on social media to break the rules.

Inness noted one post urged supporters to be “prepared to trespass, chain yourselves and your children to the trees for months on end until you get arrested and then take all your savings to get the best legal defence.”

The justice said she could not conclude beyond a reasonable doubt that May trespassed on the property or that she blocked the owner’s access with her truck, as the legal claim had alleged.

joyanne.pursaga@freepress.mb.ca

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Joyanne Pursaga
Reporter

Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne.

Every piece of reporting Joyanne produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.