After BC Supreme Court proceedings on May 6 and 7, Oceanview Logging obtained an order to restrain protesters from blocking road access into TA0521 in upper Roberts Creek (aka Joe Smith Creek cutblock) for a three-month period.
Coast Reporter visited the site on May 12 – public access warning signage and the court order were visible.
Background
The logging contractor was awarded harvesting rights to the B.C. Timber Sales (BCTS) plot in June 2024. It obtained a road use permit for the Sechelt Roberts Forest Service Road (locally known as B & K road) and began onsite work April 1, according to the notice of civil claim filed with the court.
In advance of the award, local forest protection group Elphinstone Logging Focus (ELF) asked BCTS for harvesting and road-building plan adjustments to address watershed and Northern red-legged frog habitat protection concerns. It continued with those requests to that agency and to the contractor into 2025. Agreement on how on-ground efforts should proceed was not reached and according to court documents, on April 14 ELF representatives began to block Oceanview employees and contractors from accessing the site via the forest service road.
The access interruption continued. On April 30, Oceanview petitioned the court to intervene.
Enforcement order granted
Named in the order made by Justice Michael G. Thomas were Ross Muirhead, Hans and Christine Penner, as well as persons whose identities were “unknown."
Muirhead emailed Coast Reporter to report that on May 7, two protesters remained at the roadblock and turned back a crew of 10 contractors. He stated that Oceanview subsequently “informed their lawyer of the active protest and the lawyers submitted to the Court to include an Enforcement Clause." Thomas made that order later that day.
According to the Continuing Legal Education Society of B.C. “Where an enforcement order is a part of the injunction, the RCMP will normally enforce the order. Those disobeying the order may be arrested, processed and taken before a judge.”
