Winnipeg judge finds Lemay Forest protester in contempt of injunction
Social Sharing
A member of a group fighting to preserve the Lemay Forest in Winnipeg has been found in civil contempt of court for breaching an injunction, after she impeded a developer's access to the property with her body last month.
Manitoba Court of King's Bench Justice Sarah Inness on Wednesday found protester Louise May — part of the Coalition to Save the Lemay Forest, a group opposed to the development of a forested area in the St. Norbert area — in contempt of the injunction for her actions at the site on Jan. 8.
Inness granted an injunction on Dec. 30 that was extended Jan. 6, forbidding the group from blocking access to the roughly 18 hectares of private forest land owned by Tochal Development Group south of the Perimeter Highway, where trees were being cleared.
Court heard May stood in the path of travel on adjacent city land, blocking access to the property when the developer's professional planner, John Wintrup, arrived. Despite repeated requests, she refused to move to allow a large tandem truck towing a Bobcat on a flatbed trailer through.
At the time, May was in a group of about a dozen people, including members of the media, a written decision Inness read in court said.
The judge said May's actions displayed "a deliberate and intentional breach of the court order, notwithstanding her assertions otherwise."
"She did so to gain public attention and support. The fact that her purpose to prevent tree cutting may be laudable, or ultimately vindicated, is irrelevant," Inness said in court in Winnipeg.
"To grant leniency in the circumstances of this case would send the erroneous message to the public that the means justify the ends. Court orders must be taken seriously in a civilized society if the rule of law is to be maintained."
Sentencing will be set at a later date.
Controversy around proposed development
In September, city council rejected a plan to build a 5,000-bed, 2,500-unit assisted living facility, which city planners said was too big for the site. The developer has appealed the city's decision with the Manitoba Municipal Board.
Inness's decision said the controversy surrounding the proposed development of the property has garnered significant attention — including from those concerned about the loss of the site for public enjoyment, the environmental impact of tree cutting and the potential interference with human remains belonging to Métis children who may be buried on the property.
Tracey Turner, the executive director of the Manitoba Historical Society, previously said the grounds house a cemetery site belonging to the Aisle Ritchot orphanage, which operated from 1904 to 1948.
Records indicate the institution, which also operated as a home for unmarried mothers, had a mortality rate close to 60 per cent, and between 1,200 and 2,300 children died in the building, according to the Manitoba Historical Society.
Turner said most of them were buried in common and unmarked graves in Lemay Forest.
Wintrup previously said the developer has also completed four archaeological studies to survey the site and identified unmarked graves over more than a year and a half.
A buffer zone of 100 metres was then established on the property, with the intent of not doing any tree clearing on the site of the cemetery.
May previously filed a private prosecution against Tochal over alleged breaches to the Manitoba Cementeries Act, which says anyone who willfully "destroys, cuts, breaks, or injures any tree, shrub, or plant in a cemetery" can be fined.
Inness dismissed an allegation by the developer that May began that court action to intimidate and threaten it into stopping cutting trees, saying she should have a right to pursue a private prosecution if there's a basis to do so.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Winnipeg Free Press
a day ago
- Winnipeg Free Press
Wildfire evacuation underscores need for Red Dress Alert system
Opinion The grassroots organization Giganawenimaanaanig released an interim report this week on the progress of the proposed Red Dress Alert, an initiative that would notify the public and help co-ordinate responses when an Indigenous woman, girl, or two-spirit person goes missing. Similar to an Amber Alert, which is issued when a child goes missing, the program responds to the calls for justice in the national inquiry on murdered and missing Indigenous women and girls and the parliamentary motion put forward by Winnipeg Centre MP Leah Gazan in 2023 to create the initiative. After receiving unanimous support in Parliament, a $1.3-million fund was established to research and make recommendations on how the program could be implemented nationally. Manitoba stepped up to take the lead. RUTH BONNEVILLE / FREE PRESS FILES Giganawenimaanaanig called on all governments to implement the Red Dress Alert program by early- to mid-2026. After consulting with 29 urban, rural, and First Nations and Métis communities throughout Manitoba, Giganawenimaanaanig called on all governments to implement the program by early- to mid-2026. 'Every day that the Red Dress Alert is not implemented,' project lead Denise Cook said, 'is a day that someone could go missing.' In the wake of four murders of Indigenous women by a serial killer in Winnipeg, and countless other MMIWG in Manitoba, the value of a Red Dress Alert is obvious. When considered alongside the amount of young women and two-spirit people in the child welfare system, the rise in domestic violence, and a city of Winnipeg police force that called the search for Indigenous female remains at a landfill 'unfeasible,' the initiative is need more than ever. It's needed now, in fact. More than 17,000 evacuees, mostly from northern First Nations, have been displaced owing to wildfires. In excess of 10,000 of them are in hotels or other lodgings in Winnipeg. That means this city has had an influx of thousands of Indigenous women, girls and two-spirit peoples — individuals preyed upon by many forces here. It's well-known that when Indigenous peoples are evacuated due to fires, floods, or some other traumatizing disaster, certain considerations in the health, justice, and emergency management systems must take place. For instance, many First Nations are alcohol-free due to a long history of complicated relationships with substance use. This community law is impossible to maintain off-reserve but community leaders combat the issue in other ways: such as by providing extra mental health services, family-building events, and even patrols to support people during their time as refugees. The same could be said about health, justice, and even governance. Simply put, due to a long history of political mistreatment, Indigenous communities require specific considerations when displaced by disasters. The issue of MMIWG2S+ is a disaster, too. Combined with recent fire evacuations, the situation has become critical. All this week, Indigenous social media has been full of individuals working overtime to protect Indigenous women, girls, and two-spirit peoples from nefarious forces. 'I'm gathering a crew of helpers this evening,' posted activist Rylee Nepinak of the downtown patrol group Anishiative. 'After speaking to multiple sources (mainly our women), it's clear we need as many boots on the ground watching for any predatory/exploitative signs (and) talk to the kids about safety.' Indigenous leaders are reporting that predators have approached displaced vulnerable individuals online and in person to offer drugs, alcohol, and invite them to 'party' in a private home — where a sexual or physical assault can easily take place. Advocates have created a list of 'safety tips when heading out in Winnipeg' that include: travelling in pairs, informing family and support staff of travel and return plans, and keeping location apps activated on their cellphones. Isabel Daniels, a vulnerable person advocate, warned in a post: 'Nothing is for free: if people are offering FREE substances SAY NO… Please be cautious of the things people are offering, Fentanyl is in a lot of street drugs.' Daniels also posted a dire message: 'People offering you FREE clothing, cellphones and liquor can be human traffickers, ALWAYS SAY NO.' Winnipeg police are joining the fight to educate and keep Indigenous people safe by providing extra officers and visits to evacuee shelters and printing 3,000 pamphlets with emergency contacts and tips to remain safe. Similar situations have been reported in other cities where evacuees are being sheltered, such as Thompson and Brandon. Wednesdays Sent weekly from the heart of Turtle Island, an exploration of Indigenous voices, perspectives and experiences. Community groups have recommended Indigenous families take photos of their female and two-spirit members in case a missing person report needs to be filed. If one didn't know better, one might see the release of the Red Dress Alert interim report, alongside a real-life emergency related to the safety of Indigenous women, girls, and two-spirit individuals, as a well-planned political move. It isn't. It's evidence the issue is urgent, laid bare right before our very eyes, now more than ever. Red Dress Alert report Niigaan SinclairColumnist Niigaan Sinclair is Anishinaabe and is a columnist at the Winnipeg Free Press. Read full biography Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Winnipeg Free Press
5 days ago
- Winnipeg Free Press
Premier says 1,000 more hotel rooms ready for evacuees
Premier Wab Kinew said 1,000 hotel rooms would open up for evacuees after Indigenous leaders said people had to sleep on cots set up in arenas and other congregate settings that aren't comfortable for long stays. 'Nobody wants to sleep on a cot for more than a day or two, even in an emergency situation,' Kinew told a news conference in Saskatoon ahead of the first ministers meeting Monday. 'So we're connecting folks who need those enhanced accessibility supports first, and then broadening it out to everybody else who needs help, too.' MIKE DEAL / FREE PRESS FILES Winnipeg Search and Rescue volunteers set up roughly 100 cots in the Eric Coy Arena in preparation for wildfire evacuees' arrival last week. First Nations leaders requested more hotels to open their doors to thousands of evacuees fleeing Manitoba wildfires. Kinew said space is tight in communities across southern Manitoba because 17,000 people have fled fires in the north, prompting Manitoba to issue a state of emergency. The City of Winnipeg and other communities, including Thompson, Portage la Prairie and Winkler, have established emergency evacuation shelters in arenas. The Assembly of Manitoba Chiefs has called for all levels of government to issue a directive to Manitoba hotels and force them to make space for displaced community members. 'I ask all levels of government, please come together, work together, ask that these hotels and these accommodations make space for our people. We are in a state of emergency, you can give that directive,' Kyra Wilson, grand chief, said. On Monday, Kinew did not indicate whether his government would order a directive to hotels. 'We're finding shelter for everybody who needs it,' he said. Ontario has made several thousand hotel rooms available to evacuees, the premier said. Wilson said some evacuees arriving in Winnipeg are facing prolonged waits as they attempt to register and find accommodations. 'It's really sad to see our children having to sleep on floors. People are sitting, waiting in hallways, waiting outside and right now we just need everyone to come together. Our people are tired,' she said. Officials from the Manitoba Court of King's Bench and the Saskatchewan Court of King's Bench issued a statement on Sunday, announcing a joint education session scheduled in Winnipeg this week would be cancelled due to 'the pressing need to make hotel spaces.' The Manitoba Hotel Association declined to do an interview Monday. 'I know people are doing their best. As an association, we don't have a tool or method to capture real-time or live inventory of rooms,' president and CEO Michael Juce said in an email. In Winnipeg, the Canadian Red Cross is operating a reception centre at the Billy Mosienko Arena in northwest Winnipeg, and has asked all evacuees who have nowhere to stay to go there. Mayor Scott Gillingham said Monday the Seven Oaks Arena is being considered as another emergency shelter. Emergency supports are already operating from Mosienko, Century and Eric Coy arenas, and the Winnipeg Soccer Federation North complex. Recreational programming at involved facilities has been paused, he said. Weekday Mornings A quick glance at the news for the upcoming day. Gillingham toured the city's various evacuation centres over the weekend. His government is being guided by the province and the Red Cross to provide support, he told reporters during a news conference Monday. The Century Arena was full with about 250 people when Gillingham visited Saturday. Meanwhile, the soccer complex was nearing capacity, with just over 1,000 people. As of Sunday, nobody had yet moved into the Eric Coy arena, but that could change, Gillingham said. Some First Nations communities have been calling the city directly for information and support, but their questions are best directed to the province, the mayor said. 'People are looking for answers and resources in real time. It's a complex process, it's a complex evacuation that's being delivered, so we are just trying to make sure we don't duplicate things.' Tyler SearleReporter Tyler Searle is a multimedia producer who writes for the Free Press's city desk. A graduate of Red River College Polytechnic's creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler. Every piece of reporting Tyler produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Calgary Herald
28-05-2025
- Calgary Herald
Calgary lawyer John Carpay tells disciplinary hearing his decision to spy on Manitoba judge was 'grave error'
Spying on a Manitoba judge who was presiding over a COVID-related case was 'foolhardy, misguided, inappropriate and stupid,' a Calgary lawyer told a disciplinary hearing Wednesday, calling his behaviour a 'grave error in judgment.' Article content Article content But John Carpay, the founder and president of the Justice Centre for Constitutional Freedoms, testified he still believes his criminal prosecution in the case was wrong and 'politically motivated.' Article content Article content Carpay told his lawyer, Alain Hepner, he was exonerated when the prosecution dropped criminal allegations when he agreed to a three-year peace bond prohibiting him from practicing law. Article content Article content The lawyer is facing sanctions by the Law Society of Alberta over his conduct in hiring a private investigator in a bid to catch Manitoba Court of King's Bench Chief Justice Glenn Joyal breaking COVID rules during pandemic lockdowns. Article content Carpay also had his investigator follow then-Manitoba premier Brian Pallister and the province's chief medical officer of health. At the time Joyal was presiding over a challenge by the Gateway Bible Baptist Church and other Manitoba churches to the constitutionality of the COVID-19 rules imposed by that province's government. Article content Carpay denied a suggestion by Law Society of Alberta prosecutor Karl Seidenz that had his private investigator been able to obtain photographs or videos of Joyal breaking the rules, he would have released them to expose the judge as a hypocrite, as he would with the premier or chief health officer. Article content Article content 'In the case of the chief judge I would have released photos only after the final conclusion of all litigation proceedings, there's no way I would have released that prior to the release of the judgment,' Carpay said. Article content 'It's about accountability for government officials, It's not about embarrassment or hypocrisy per se, although those could be constituent elements that play into the bigger issue, which is accountability.' Article content Carpay, and lawyer Jay Cameron, are before a three-member Law Society of Alberta panel after having been found to have breached their professional code of conduct by spying on Joyal. Article content Carpay told Hepner his organization, which assists groups making constitutional challenges, had taken on the Gateway case to fight the pandemic-related lockdowns.
