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Developer granted injunction to remove Lemay Forest blockade

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Developer granted injunction to remove Lemay Forest blockade
Developer granted injunction to remove Lemay Forest blockade

The developer looking to build housing in a mature St. Norbert forest has been granted an injunction to remove a blockade obstructing access to the land.

The Court of King’s Bench granted the order to MeMaz Inc. Monday, ordering 22 defendants to stay off and not to restrict access to the privately owned forest in Winnipeg.

The order also requires the defendants, which include the Coalition to Save the Lemay Forest, not to interfere with the removal of any objects from the property.

MeMaz Inc., also known as Tochal Developments Inc., began clearing trees from the forest on Dec. 23. Workers used a city-owned strip of land connecting the Lemay Forest to Rue Landry to access the site.

“Just in the last couple of days, it would be a Bobcat on a trailer, a large vehicle, a commercial-sized vehicle entering and exiting, and small Jeep,” John Wintrup, a professional planner hired by Tochal to manage the project, told Global News Friday.

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Three days after the clearing began, a group of people opposed to the project set up a blockade on the city-owned land, preventing access with a truck, tents and a sacred fire.

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“Instantly it was moving to action. What can we do? What do you guys need? How do we get this going and how do we stop this?” said Diane Bousquet, who was supporting the blockade Monday.

She and others at the blockade voiced concerns for the forest’s wildlife and cultural significance.

Tochal’s plans to build housing on the riverfront property have faced pushback from residents, environmental groups and city hall. Despite being privately owned, the forest was accessed by residents and visitors for years. It is also home to Indigenous ceremonial grounds, including sweat lodges, and contained a cemetery for an orphanage that likely served a predominantly Métis population.

Wintrup said clearing efforts on Dec. 23 felled “less than an acre” of the forest. No building permits have yet been issued for the proposed development.

“This private property owner has no interest in preserving publicly available private space. He owns the land. He’s not providing a public amenity for everybody else to enjoy. He wants to enjoy his own property without any trees on it,” Wintrup said Friday.

“We don’t have a permit for any buildings. We don’t have a permit to intensify the property. Our permit is to remove trees, and that’s exactly what we’re doing.”

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Earlier this year, the Manitoba Habitat Conservancy and the Manitoba Métis Federation submitted individual offers to buy the property, but they were not accepted. Conservancy CEO Steven Carlyle says the non-profit is collaborating with the provincial government to apply for federal dollars to purchase it through the Nature Smart Climate Solutions Fund. The fund supports projects that reduce greenhouse gas emissions and protect ecosystems and habitats like the Lemay Forest.

“We are interested in protecting that forest, like many citizens in Saint Norbert and in Winnipeg. And we’ll be submitting an offer fairly soon to purchase that property,” Carlyle said.

Supporters at the blockade Monday told Global News they’re open to discussing other options for the land with Tochal.

MeMaz Inc. has also filed a statement of claim against the 22 defendants seeking damages and alleging their staff was attacked by members of the blockade. No amount is listed in the claim. Wintrup told Global News he is also considering civil action and that the list of defendants may be amended.

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