Friday, September 17, 2021

Activists confront Singh over NDP's environmental stance on Fairy Creek, TMX

Olivia Stefanovich - 

© Jonathan Hayward/Canadian Press
NDP Leader Jagmeet Singh speaks with Fairy Creek protesters following a morning media availability in Toronto on Thursday. They challenged him to take a firm stance against old-growth logging.

NDP Leader Jagmeet was challenged by a small group of young environmentalists on Thursday following a media availability in Toronto over his positions on old-growth logging at Fairy Creek in British Columbia and the Trans Mountain pipeline expansion.

The group from Climate Justice Toronto unrolled a banner that said "Support Fairy Creek" and demanded he support an end to all old-growth logging in B.C.

"He's going to lose votes in B.C. if he doesn't take a firm stand on this," said Niklas Agarwal, a 25-year-old climate activist from Toronto.

"This needs to be integral if he wants to win the youth vote."

Singh wouldn't unequivocally lend his support to the group's cause.

If he did, Singh would put himself at odds with NDP Premier John Horgan, whose government is letting old-growth logging continue, though it has approved the request of three First Nations to defer logging in part of their territories that includes Fairy Creek.

The Fairy Creek watershed is one of Vancouver Island's last remaining unprotected old-growth stands of coastal temperate rainforest with some trees up to 2,000 years old.

The area is in the traditional territory of the Pacheedaht, Huu-ay-aht and Ditidaht First Nations, who in June issued the declaration to defer old-growth logging in the area for two years while they make plans to manage their resources.

Pacheedaht's chief and council support the logging and have condemned the actions of protesters even though some members support the blockades.


© Adam van der Zwan/CBC
Earlier this summer, RCMP and old-growth logging demonstrators stand face-to-face in silence before police pushed the group back to access a tree structure a demonstrator was harnessed to.

Singh countered the arguments by Climate Justice Toronto activists by stating he is a fierce defender of Indigenous rights and a decision about logging can't be made without First Nations' input.

"You wouldn't take away the rights of Indigenous people," Singh said to the group.

"We can't come in, as settlers, and tell them what to do."
Logging company in court this week

Liberal Leader Justin Trudeau was also challenged by protesters over Fairy Creek logging during an earlier campaign stop in Vancouver.

The Fairy Creek protest is now the largest act of civil disobedience in Canadian history. As of this week, organizers say more than 1000 arrests have been made by RCMP enforcing a court injunction against the protests.

Demonstrators arrived at the site about one year ago to prevent Surrey-based logging company Teal-Jones Group from working.

A subsidiary of the company, Teal Cedar Products, is in hearings this week at the B.C. Supreme Court asking for a one-year extension to the injunction.

Lawyers representing a number of protesters are challenging Teal Cedar's application this week too, arguing the extension shouldn't be granted due to the severity of climate change.

The company obtained the injunction against the protesters on April 1, which the RCMP have enforced since mid-May amid criticism of excessive use of force and obstruction of the press.

Singh spoke out against police force tactics that escalate violence during a Sept. 1 virtual town hall with B.C. residents.

Singh is pledging $500 million to support Indigenous-led stewardship programs to help protect old-growth forests and advance reconciliation.

Agarwal commended the commitment, but urged Singh to be bolder and take a clear stance on what the NDP would do with the Trans Mountain pipeline expansion.

Singh sidestepped a question on Thursday about whether he believes Canada can meet its emission targets with the expansion project operating.

While Singh says he does not support TMX, he has not committed to stopping the project.

Instead, Singh said he would assess TMX because the NDP does not have all the details about what the federal government owns and how to find the best path forward.

"It's really disappointing because in the last election, he was very firm in his stance against TMX so to see him backsliding," Agarwal said.

"Jagmeet claims to be about youth. He films TikToks about us. He does sound bites about us. But does he actually speak to our issues?"

Ongoing protests, arrests at Fairy Creek
 over logging 'not working,' says judge


NANAIMO, B.C. — A British Columbia Supreme Court judge suggested Thursday he will consider new options to address the future of an injunction against blockades by people opposed to logging old-growth trees on part of Vancouver Island.

Justice Douglas Thompson expressed concern about the situation that's unfolding in the Fairy Creek area north of Port Renfrew after hearing from lawyers representing protesters and the RCMP.

B.C. forestry company Teal Cedar Products Ltd. has applied to the court to extend by one year the injunction order against protest blockades. The injunction expires on Sept. 26.

"Perhaps, the only thing everybody agrees upon right now is what's being done is not working," said Thompson, who instructed lawyers to come to court Friday prepared to discuss the structure of the injunction.

He said he will not deliver a decision Friday on the company's application and his ruling will come after Sept. 26.

About 1,000 people have been arrested in the Fairy Creek area since May when the RCMP started to enforce an earlier B.C. Supreme Court injunction against blockades erected in several areas near logging sites.

The court heard from lawyers representing the protesters who argued people from all walks of life with environmental concerns are being treated like terrorists by police and the company.

A lawyer for the Mounties said police are being tasked with enforcing a court injunction under increasingly difficult circumstances.

"My overall point will be that there is nothing here to lead this court to the conclusion that there is a general problem with the way the RCMP is enforcing this injunction," said lawyer Donnaree Nygard, who represents the Mounties on behalf of the Attorney General of Canada.

She said a video that shows an RCMP officer stomping on a protester's guitar was "probably unnecessary," but throughout the injunction period there is not enough information "to find or imply the RCMP acted inappropriately in those situations."

Nygard cited a court affidavit filed by RCMP Chief Supt. John Brewer, who is a senior officer at Fairy Creek, saying "this is the most complex operation he has been involved in. He says the ground shifts every day."

Lawyer Elizabeth Strain showed the court videos and photographs of police allegedly unsafely removing protesters from trees and ditches, and pulling off face masks of people at the blockades before dousing them with pepper spray.

The protesters include youth, teachers, retired scientists, doctors, lawyers and students with fears about climate change who want to protect the trees. They are being treated like terrorists, she said.

"These people are not terrorists," said Strain. "They are regular people who have come down to protest. These are people who are terrified for the future. They are being met with militarized police force."

Thompson told Strain the videos "rankled" him at times because the protesters appear to be employing tactics purposely designed to make enforcement of the injunction more difficult.

But he later expressed concern to Nygard about seeing video of police removing a young woman's face mask and spraying her with pepper spray.

"At some level, don't I have to reach a conclusion about the way they are enforcing the court order?" Thompson asked.

Lawyer Matthew Nefstead, representing several members of the Rainforest Flying Squad protest group, said granting the injunction extension should be denied because it could be viewed by the police as granting them further powers.

Teal Cedar lawyer Dean Dalke told the court Tuesday the blockades are impeding the company's legal rights to harvest timber and alleged the actions of the protesters pose dangers to employees and the RCMP.

This report by The Canadian Press was first published Sept. 16, 2021.

Dirk Meissner, The Canadian Press

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