A legal challenge tied to the future of Lemay Forest was heard in court Thursday, as the landowner called for a key spokeswoman among those fighting to save the trees to be found in contempt of an injunction order.
The injunction order has barred protesters from impeding the owner’s access to the land, though they’ve been allowed to remain on adjacent city-owned property.
The claim accuses Coalition to Save Lemay Forest spokeswoman Louise May of violating that order.
MAGGIE MACINTOSH / FREE PRESS files
The future of the privately owned Lemay Forest has been contested for more than a year. Tochal Development Group is seeking approval to build a 2,500-unit assisted-living facility, while many residents have fought to save the St. Norbert forest.
In court Thursday, May confirmed she had parked a black truck on city land, used by the developer to access the forest, on Dec. 27. While she did not immediately move the vehicle off the land after being sent a copy of the injunction order, she said she did reposition it.
“We moved the truck and we moved everything to be in compliance with the requirement of the injunction ruling,” said May.
She moved the truck from the site completely on Jan. 16.
The future of the privately owned forest has been hotly contested for more than a year. Tochal Development Group is seeking approval to build a 2,500-unit assisted-living facility, while many residents have fought to save the forest in St. Norbert.
After the owner resumed tree-cutting in December, opponents started a sacred fire and set up tents on city land next to the site. The owner said those actions forced tree-clearing to stop.
May confirmed she was part of a group that at one point stood in the way of a bobcat trying to access the site, though she denied being the person who was photographed trespassing on the land.
Kevin Toyne, the developer’s lawyer, also asked May if she would stand in the path of the plaintiff’s construction equipment in the future.
She answered “very likely not.”
In his closing arguments, Toyne argued the lack of clear commitment from May not to block access raised concern about “future non-compliance” with the order.
May’s lawyer questioned John Wintrup, a planner for the proposed development, about a photograph at the site. Wintrup said it showed May trespassing on private land.
Lawyer Scott Newman suggested the photograph was taken from a distance, making it difficult to tell if the person’s clothing matched what May was wearing at the time, and suggested it appeared different.
“Sir, is it at all possible that you are incorrect as to the identify of this person that you’ve taken a photograph (of) in this jacket?” asked Newman.
The lawyer also suggested Wintrup sometimes got within one or two feet of those protesting the tree removal to take pictures of them and took at least one photo showing smoke from the sacred fire he was asked not to photograph.
The lawyer also asked multiple questions about why the developer couldn’t use a slightly different path to access the site with construction vehicles, suggesting images show enough space to make that possible.
Wintrup said the layout of the area, which includes a ditch, limits the types of vehicles that can get to the site and the exact points where they can safely do so.
“They want to raise awareness… We respect their right to do that. We just ask them not to do it in the middle of our road,” said Wintrup.
The developer’s legal challenge also attempts to compel May to terminate the private prosecution she raised against the landowner and planner, alleging the removal of trees on the land — where there was once a graveyard — violates provincial cemetery legislation.
Some area residents have raised concerns about protecting potential unmarked graves of Métis children and others in a former Catholic orphanage that used to be on the site.
May said there is a lack of information on the exact locations of the graves, which raises a clear need to avoid disturbing the land.
“Until (the information is) established, a duty of care must… cover the entire property,” said May.
Wintrup said the developer has added a buffer zone to the building proposal to avoid disrupting possible graves.
Justice Sarah Inness reserved her judgment.
Winnipeg city council rejected the development proposal for Lemay Forest, after city planners deemed it too big for the property. The Manitoba Municipal Board is set to hear an appeal of that decision next month.
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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