Grove protesters welcome
Parksville-Qualicum News, June 1, 2004,


Cathedral Grove protesters have dogged the provincial government over their plans for a parking lot in the park for months.

By STEVEN HEYWOOD

Cathedral Grove protesters won a victory in B.C. Supreme Court Friday when Madam Justice Georgina Quijano struck down the province's request for an injunction.

Sydney Haskell of the Carmanah Forestry Society says in her 18-page judgement, Quijano stated an injunction against protesters of a proposed parking lot in MacMillan Park, goes too far, too fast.
"The court did not want to give (the province) injunctions while they have other options," said Haskell from his office in Victoria.

"To get the same result, the province could, for instance, arrest people under trespass or mischief laws."
Haskell added the judge stated in the case of Cathedral Grove, it would not be fair to restrict public access to Crown land with an injunction.

“It’s a victory,” Haskell said, “especially for other issues. The court is saying that injunctions can’t be jumped to right away.”

Lara Tessaro, lawyer for the CFS, says the ruling supports civil rights in B.C.

“The verdict is positive in that people are still entitled to due process,” she said. “Until the government makes it clear (they are proceeding with the parking lot), people have a right to be on public land.”
Tessaro said the issue now is back in the government’s hands.

Minister of Water, Land and Air Protection Bill Barisoff, was not available for comment.

However a spokesperson in the ministry communications department said the minister is standing by plans to build a new parking lot in the Grove ­ based on safety concerns in that section of the Alberni Highway. The court decision is also being reviewed by the ministry, but Tessaro said she feels there are no grounds for them to appeal.

Annette Tanner, mid-Island representative of the Western Canada Wilderness Committee, says the judgement was a surprise, knowing the province’s stand on the parking lot. However, she added this is a message to Barisoff to engage the public on the issue.

“Hopefully, he’ll be open to meeting us,” Tanner said. “We’re working hard on the petitions and getting information out about the grove and we want to meet with the minister.”

Haskell said this ruling could apply to other environmentally sensitive areas in B.C., where the government threatens to forego public, or due process, rights.

 




Site created by Taara Environmental for the Carmanah Forestry Society and the Western Canada Wilderness Commitee, Mid Island Chapter