A late Monday court order requires protesters camping out at the Lemay Forest to leave, at least until a further hearing date.
Legal documents show an interim injunction request was granted.
The court ordered numerous defendants suspected to have taken part in the protest against removing trees on the property to leave the site and refrain from blocking the property owner from accessing it. A further hearing to consider the matter is expected on Jan. 6.
MIKAELA MACKENZIE / FREE PRESS FILES
“This is sacred land … This does not just affect the residents (living near the forest), this affects the Indigenous community, the Métis community, everyone,” said Cat Macaulay Gauthier.
The court order notes police can arrest and remove anyone who contravenes the directive.
John Wintrup, a planner for a major assisted living proposal at the site, says the legal proceedings came after he was shoved at the property on Sunday by a masked individual. He alleges he was then chased by vehicles while he was leaving the site on foot and received threats on social media.
Wintrup said he aimed to quickly share the legal document with media to ensure those at the site became aware of it as soon as possible.
“We’re unable to serve the papers (safely) so we’re serving it through the media … People have the right to express their freedom of speech and to gather and to protest (for) social causes. But you don’t have the right to blockade and impede and assault people,” said Wintrup.
He said the incident was reported to police and he plans to file additional legal claims.
Cutting down trees at the site resumed on Dec. 23. A small group of people started camping at the property on Dec. 27 to protest the tree clearing, which had stopped by Monday.
The land’s owner is seeking damages. The allegations have not been proven in court.
The court order follows more than a year of heated debate over the future of the south Winnipeg forest. Many residents fought to save the trees, while the owner, Tochal Development Group, sought to develop it.
Around 3 p.m. Monday, about eight people were gathered around a fire at an entrance to the forest, alongside a black and yellow barricade, a large truck and a few tents. They declined to speak to media.
City council rejected an assisted living proposal for the site in September, after city planners deemed the potential 5,000-bed, 2,500-unit facility too big for the property. The Manitoba Municipal Board is expected to hear an appeal of that decision early next year.
After obtaining the legal decision, the Free Press could not immediately reach nearby residents who have fought to save the forest.
Prior to the release of the court documents, Cat Macaulay Gauthier, a spokeswoman for the Coalition to Save Lemay Forest, said there is great value for all Winnipeggers in the treed land.
“This is sacred land … This does not just affect the residents (living near the forest), this affects the Indigenous community, the Métis community, everyone,” said Macaulay Gauthier.
She estimates more than an acre of trees have now been cut down.
Macaulay Gauthier said some Indigenous people described the property as a culturally significant sweat lodge site.
In an email Monday morning, Winnipeg Police Service confirmed it was aware of the protest.
“The involved parties have been provided appropriate advice as the matter is currently before the courts … We will continue to monitor and engage with involved parties when the need arises,” the statement said.
Meanwhile, a new offer to buy and preserve the privately owned forest is expected soon.
Manitoba Habitat Conservancy confirmed a third-party appraisal of the land is being completed.
“We’ll be putting another offer in as soon as we (can),” said Stephen Carlyle, the organization’s chief executive officer.
Manitoba Habitat Conservancy’s mission to preserve wildlife habitat led it to take part in a previous group effort to buy the forest in March.
“From our standpoint, the trees are hugely important and we’d like to see those stay there for the wildlife benefit, the biodiversity and the carbon sequestration and just the protection of an urban forest,” said Carlyle.
He said the group has secured provincial funding and is seeking federal dollars to help save the roughly 18-acre privately owned section of the forest.
“If we were to purchase it, we’d want to have it available for the public to use,” said Carlyle.
Coun. Russ Wyatt (Transcona) urged city officials to repeal a recent permit that allows tree removal at the site, noting city council has committed to adding green space.
“We should be working to preserve lands like this,” said Wyatt.
Earlier Monday, Wintrup stressed the owner has a right to clear the land and create much-needed housing.
“I thought this was democracy and we had private property rights. That seems to be getting thrown out the window pretty quickly in the name of trees. I didn’t think there’s a tree crisis. There is a housing crisis,” he said.
joyanne.pursaga@freepress.mb.ca
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Joyanne Pursaga
Reporter
Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne.
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