VANCOUVER - The British Columbia Supreme Court has issued an injunction to Tsawak-qin Forestry Inc. to stop a blockade against old-growth logging in the Walbran Valley on Vancouver Island. The court ruled that the actions of the protesters appear to be criminal. Justice Amy Francis stated that while protests are a vital part of democracy, criminal conduct is not acceptable.

The blockade, located near Port Renfrew, began in late August. Tsawak-qin Forestry, co-owned by Western Forest Products and the Huu-ay-aht First Nations, filed a lawsuit last week against the unknown individuals involved in the blockade. The company claims these individuals have obstructed access to the site by constructing barriers, including a large wooden sculpture, on a forest service road.

Justice Francis noted that the protesters seem to be well-organized and have illegally impeded the company's lawful access to the area. She referenced social media evidence indicating that the same group was involved in a previous blockade at Fairy Creek, which had been the subject of extensive litigation.

"The social media accounts used to fundraise and recruit protesters are the same social media accounts that were used to fundraise and recruit protesters for the Fairy Creek blockade," Francis said. She added that many posts refer to the current blockade as a continuation of past actions.

The company estimates the timber in the disputed area is valued at $3 million. It expressed urgency for the injunction to meet its annual cutting allowance and prepare for winter. Justice Francis emphasized that the law regarding injunctions is well established and indicated that the defendants' actions are criminal in nature.

She stated there is no dispute that Tsawak-qin has the necessary permits to log the area. Losing the ability to harvest would result in irreparable harm, as the company would not be able to recover damages from the anonymous defendants. "There is no reasonable prospect that Tsawak-qin could recover damages," she said, noting that the potential damages would likely exceed the financial capacity of most individuals involved.

Only one protester, a Pacheedaht elder named Bill Jones, responded to the lawsuit. His lawyer urged the court to consider the broader public interest in preserving old-growth forests and addressing climate change. Jones' lawyer presented evidence suggesting that logging in the upper Walbran Valley would lead to a loss of old-growth forest, biodiversity, and climate resilience.

However, Justice Francis reiterated that the law is conclusive following the lengthy legal battles involving Fairy Creek and Teal Cedar. She clarified that the case does not concern the merits of government forest policy or the appropriateness of old-growth logging in the context of climate change.

While granting the injunction, Francis expressed reluctance to extend additional enforcement powers to police, citing concerns over past overreach during the Fairy Creek protests. She stated, "If enforcement becomes a problem, it is open to the plaintiff or the RCMP to come back to court to have the injunction varied."

Jones' lawyer, Ben Isitt, expressed disappointment after the hearing, stating that the court has prioritized the commercial interests of the logging company over the environmental impacts and the rights of Indigenous people.

Seanna McConnell, chair of the Tsawak-qin board, expressed satisfaction with the court's decision. She emphasized the company's commitment to working with First Nations, including the Pacheedaht, which supports logging on its territory. McConnell mentioned that the company has a preservation policy for tall and big trees, which the public may not be aware of.

The Wilderness Committee has stated that the Walbran Valley is one of the most significant rainforests at risk from clear-cut logging and remains largely unprotected.