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Economic rights not limitless, Appeal Court hears in B.C. old-growth logging case

Nov 16, 2021 | 3:32 PM

VANCOUVER — A lawyer representing protesters opposed to old-growth logging on southern Vancouver Island told a British Columbia Court of Appeal hearing that there are limits to a company’s economic and private rights. 

Malcolm Funt says B.C. forest company Teal Cedar Products Ltd. has the right to defend its economic interests, but others also have rights to lawful protest and freedom of expression and movement.

Teal Cedar Products Ltd. is appealing a decision from a lower court judge who denied an extension of an injunction against protest blockades in the area for one year.

Teal Cedar’s lawyer Dean Dalke told the Appeal Court panel on Monday the company wants the court to uphold the rule of law at protest sites near Fairy Creek on Vancouver Island where more than 1,100 people have been arrested at ongoing protests.

The injunction remains in place after another judge granted a temporary stay last month to allow Teal Cedar to appeal the B.C. Supreme Court decision.

Funt faced several questions Tuesday from the Appeal Court judges about the lower court’s reasons not to grant the injunction extension, especially the suggestion the court’s reputation was damaged by police conduct during the arrests of protesters. 

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

The Canadian Press