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.
Its a victory, Haskell said, especially
for other issues. The court is saying that injunctions cant
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 governments
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 provinces stand on the parking lot. However, she added
this is a message to Barisoff to engage the public on the issue.
Hopefully, hell be open to meeting us, Tanner
said. Were 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.