PRESS RELEASE
Monday May 31, 2004
FRIENDS OF CATHEDRAL GROVE

JUDGE RULES IN FAVOR OF THE PUBLIC OF BRITISH COLUMBIA. DENIES
PROVINCE'S REQUEST FOR INJUNCTION

In a landmark ruling in the Supreme Court of British Columbia Judge Quijano denied the BC Attorney General's request for an interlocutory injunction that would prevent members of the public from entering publicly owned land in Cathedral Grove, adjacent to McMillan Park.

In her ruling, brought down on Friday May 28, 2004 Judge Quijano stated: "Without question the public interest in obtaining compliance with the law is high, but there is a corresponding public interest in ensuring that individuals are not denied due process under existing legislation solely on the grounds that it would be expedient or convenient to do so. As has been pointed out in a number of recent decisions of the British Columbia Supreme Court, an injunction is a powerful remedy which may transform a dispute between a citizen and the government into a dispute between the citizen and the court and it is not to be used as a first choice remedy except in extraordinary circumstances." (paragraph 32, page 16)

In February of this year, Vancouver residents stopped logging and construction on the Crown land by their constant presence on the property. The Friends of Cathedral Grove, and other local citizens' groups have argued that changes to the Park must go through a public environmental process due to the fragile nature of this remnant of old-growth Douglas Fir Forest.

Richard Boyce of the Friends, one of the defendents, said that the B.C. Liberal Government was attempting to bypass due public process by requesting a court injunction. " If members of the public are brought to court for ignoring an injunction they can be found in contempt of court. This process does not allow the defendants to bring up the issues that they may be protesting against. The case in Cathedral Grove is clearly one where the government attempted to use the courts to prevent public discourse. Today the BC Supreme Court made it clear that government must
follow the rules. We want to see a full public hearing into the future of Cathedral Grove."

Friends of Cathedral Grove is a citizens group working towards the protection and conservation of the Old Growth Douglas Fir Forest Ecosystem that remains in the Cameron Valley. They are based on Vancouver Island and are supported by thousands of people across Canada and around the world.

Sunshine Goldsberry, another of the defendents, said, " the main issues here are preservation of the Douglas Fir ecosystem, traffic safety, species at risk, and what is allowed in a Class "A" Park."

With 97% of the Old Growth Douglas Fir Ecosystem on Vancouver Island already destroyed by logging and development, this citizen's initiative has garnered a lot of public support locally and internationally. The Cameron Valley is home to the largest intact and contiguous tract of Old Growth Douglas Fir forest on Vancouver Island, but only a small portion of this is protected by Cathedral Grove Provincial Park. Weyerhaeuser owns the majority of the Cameron Valley and continues to log the remnant Old Growth Douglas Fir Ecosystem. Goldsberry argues that they have been, and should continue to be, encouraged to donate this land to the public to expand Cathedral Grove in a real and meaningful manner to protect this international landmark park.

Janette Briere stated: "We hope this leads Minister Barrisoff to open this issue to full public review. If the Ministry is willing to negotiate in good faith with the Western Canada Wilderness Committee, we could all agree on an alternate site for a parking lot that does not infringe on elk habitat, increase the risk of blow-down or damage the river flood-plain."

The "Friends" submit that the millions of visitors, the majority of which will have to make two left turns across traffic, will be put at greater risk than the current parking lot which makes left hand turns illegal. Several alternatives to the government's proposal have been developed to solve the parking and highway driving concerns.

A remnant herd of Blue listed Roosevelt Elk winter and calf in the low bottom valley of Cathedral Grove. They forage off the lichens and wind blown branches that are unique to the Old Growth Douglas Fir Ecosystem found in Cathedral Grove. Blue listed Red Legged frog have been identified in a pond that, if the proposed construction proceeds, will
be surround by the parking lot and new trail system .

3 km of trail systems are planned for the only pristine portion of Cathedral Grove Provincial Park which will be walked on by 1 million people annually. Currently this portion of the park is off limits and is recovering naturally from massive blow downs sustained during hurricane force "Qualicum" winds in 1997. These fallen trees are now nurse logs to
thousands of small trees and provide habitat for reptiles, amphibians, mammals, birds, and a wide variety of insects. A class "A" park is intended to protect the unique ecosystem that is encompasses, and the Friends are adamant that this area must continue to be protected from trail-making and constant human traffic. According to a new map just
released by the government, showing the new park boundaries, construction in a class A park is now an issue.

When reached for comment, Jim Erkiletian, another of the Friends of Cathedral Grove, would only say, wryly, "Does this mean I won't get a chance to invite Gillian (Trumper, MLA) to spend the night on a platform with me?"