15 Fairy Creek protesters face civil swimsuit from logging firm

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Fifteen individuals who participated in protests towards logging of old-growth bushes at Fairy Creek close to Port Renfrew are being sued by Teal Cedar, which alleges they conspired to hurt the logging firm.

Together with the 15 individuals, the swimsuit names one firm, Atleo River Air Service, and the Rainforest Flying Squad, which it describes as an “unincorporated affiliation of individuals.”

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The swimsuit says the defendants obstructed or delayed Teal Cedar and its contractors from highway development and forestry work, and that they created security hazards in making blockades within the Fairy Creek space.

It alleges they organized blockades, recruited individuals to take part and fundraised to maintain blockades going.

The swimsuit says these named within the lawsuit have prompted Teal Cedar a lack of revenue and goodwill and broken the corporate’s fame.

Teal Cedar didn’t reply to a request for remark.

About 1,000 arrests have been made throughout 2021 protests towards the logging of old-growth bushes within the Fairy Creek space, the place Teal Cedar owns Tree Farm Licence 46, granting the corporate the appropriate to reap throughout the space.

Of the greater than 400 individuals charged, about half pleaded responsible, and plenty of had their expenses dropped, whereas a handful have been convicted, mentioned Ben Isitt, counsel to a defendant named within the civil swimsuit.

It’s unclear why the 15 individuals named within the swimsuit have been chosen, but it surely appears the corporate selected probably the most outspoken critics of the provincial authorities’s forestry coverage, he mentioned.

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The “arbitrary” nature of the number of defendants is problematic from a civil liberties perspective, as a result of individuals have a proper to collect on Crown lands, resembling Tree Farm Licence 46, and lots of the actions protesters took half in have been lawful, Isitt mentioned.

“So to be focused in a lawsuit for that kind of political expression or meeting seems to breach primary civil liberties,” he mentioned.

Isitt mentioned he’s contemplating submitting an software to strike the swimsuit towards his shopper below the Safety of Public Participation Act, which supplies a mechanism for judges to throw out lawsuits that focus on individuals who converse out on issues of public curiosity.

The lawsuit is mild on particular allegations towards people, and attorneys concerned are ready for Teal Cedar to supply additional particulars, Isitt mentioned.

Glenn Reid, a defendant, mentioned he believes the swimsuit is meant to have a chilling impact on future protests towards old-growth logging.

Regardless of going through a lawsuit, Reid mentioned he has no regrets about taking part within the protests.

“You’ll be able to’t keep silent as a result of then you definately’re simply as responsible because the individuals doing these items,” he mentioned.

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He’s inspired by the progress on defending old-growth bushes because the protests, together with $300 million in conservation funding introduced by the province in late October to guard threatened ecosystems.

“There’s change within the air,” Reid mentioned.

Rainbow Eyes, named within the swimsuit as Angela Davidson, mentioned she feels unwell on the concept of getting to pay any quantity to Teal Cedar if the corporate’s swimsuit is profitable.

However she mentioned the potential authorized penalties and being arrested 5 instances are all value it for the eye that has been targeted on old-growth ecosystems on account of the protests, which grew to become the most important act of civil disobedience based mostly on the variety of arrests.

Rainbow Eyes, from Da’naxda’xw First Nation in Knight Inlet, was not too long ago discovered responsible of seven expenses associated to her position in Fairy Creek protests. She has but to be sentenced and plans to enchantment the choice.

Joshua Wright, an old-growth activist in Washington who initially sounded the alarm on road-building within the Fairy Creek space, referred to as the swimsuit meritless.

“It’s ridiculous to attempt to maintain quite a few activists accountable for supposed damages incurred by the actions of actually hundreds of individuals,” he mentioned. “And I feel it’s simply their try and shut individuals up and suppress speech, basically.”

regan-elliott@timescolonist.com

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