Parker lands protesters must leave site: judge

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This article was published 14/09/2017 (2956 days ago), so information in it may no longer be current.

Protesters trying to prevent clear cutting of trees on the Parker lands development site must now clear off the Winnipeg property, a Manitoba judge has decided.

Court of Queen’s Bench Justice James Edmond ruled in favour of the property developer Thursday, saying the law is clear and protesters are not allowed on private property.

Local developer Andrew Marquess and his company, Gem Equities Inc., asked for the court order to remove protesters from the south Winnipeg property — despite their claims the forested land should be preserved.

“One or more of the defendants made it clear that they felt civil disobedience was their only option. That belief, of course, is incorrect,” Edmond said in his decision Thursday afternoon, after hearing arguments from both sides. “The law of private property rights in Manitoba must be enforced. Protesters do not have the right to protest on private property. Protesting on public thoroughfare is permitted.”

The protesters, their encampments and all of their belongings must be off the property by 6 p.m. Friday, the judge ruled. He emphasized his hope for a peaceful evacuation of the property.

While lawyers for Marquess asked for $10,000 from the defendants, Edmond has yet to decide whether he’ll order the protesters to pay costs. The injunction ordered Thursday is permanent unless the court decides otherwise.

Protesters had been camped out on the Fort Garry property since mid-July, halting removal of trees with their Rooster Town blockade, named for one of the last Métis settlements located near the site east of the intersection of Taylor Avenue and Waverley Street. They said were trying to protect Indigenous land rights and fight for ecological preservation.

Edmond said he believed their efforts were genuine, but, he noted, no land claims had been filed for the property on behalf of any Indigenous groups. He said if the protesters were unhappy with how the city dealt with the land before Gem acquired it in 2009, they could file a judicial review and direct their complaints to the City of Winnipeg.

Kevin Toyne, a lawyer for Marquess and Gem Equities, said his clients are “quite happy” their property rights have been upheld by the court. It was uncertain how much money they may have lost as a result of the “illegal trespassers” halting work this summer, he said.

“The illegal trespassers forced the plaintiffs to incur significant private security costs and legal fees — all of which the plaintiffs will be pursuing the defendants for — but there’s other damages that it’s still too early to say exactly what they are. This particular development has been delayed. We don’t know what that will mean for the future, but whatever it means, the plaintiffs do intend to pursue each and every one of the defendants for the losses that they’ve suffered.”

Jenna Vandal, a university student and one of the named defendants in the case, said she wasn’t surprised by the court’s decision because, “I know the court institution is here to protect and enshrine property rights.”

She said the group plans to pursue other options to preserve the land.

“The Métis people, just like their First Nations cousins, would have used this territory around their community for subsistence and for ceremonial purposes. And that in itself, gives the land much value and importance to Indigenous people and Métis people. You know, I thought there was a chance that this could be recognized by the Justice and maybe he could have given us a chance to further pursue these things with the MMF (Manitoba Metis Federation), but he did not.”

Although the Manitoba Metis Federation didn’t file a land claim for the property, Vandal, who is Métis, said she received the organization’s support during the protest and court battle. She said MMF officials told her her concerns were “legitimate.”

“But they remained pretty silent,” Vandal said. “Not once did they tell me that they weren’t interested in this. If they had told me they weren’t interested, I would have stopped a long time ago.”

katie.may@freepress.mb.ca

Twitter: @thatkatiemay