Court order that prevents protest blockades at Fairy Creek expires

The court order that made it illegal to block logging activity in the forest near the Fairy Creek watershedon southwestern Vancouver Islandhas expired.

Teal Cedar first sought the injunction in spring 2021, after protesters opposed to the logging of old growth trees set up camp in Tree Farm License (TFL) 46 a section of Crown land the company is licensed to log.

When the temporary injunction first expired, Teal Cedar applied to extend it. The most recent extension expired on Sept.26 and, so far, the company has not applied for an extension.

The injunction was against the Rainforest Flying Squad (RFS) and a number of named individuals but also listed "John Doe, Jane Doe, and Persons Unknown," as an umbrella term to apply to any other protesters.

RFS was the ad hoc group that co-ordinated large protests and blockades at the Fairy Creek site in summer 2021, in defiance of the injunction.

In order to get the original injunction, and extend it, Teal Cedar had to make its case in court. Representatives for RFS argued against itand were prepared to do so again this year.

"I was expecting in July to start hearing about the application, then nothing happened," said Rani Earnhart, a legal administrator for the group, which she said doesn't really operate anymore, beyond court proceedings.

Lawyers representing RFS and individual protesters confirmed they've seen no application to extend.

Teal Cedar did not respond to questions from CBC News about whether it was still planning to apply for a new injunction, or take other action.

Other court actions still underway

The blockades in 2021are considered the largest act of civil disobedience in Canadian history.

Tensions were often high, with police physically removing protesters who used concrete and elaborate contraptions to attach themselves to roads and logging equipment.

In one instance, social media showed police using pepper spray on a crowd of protesters.

Police made more than 1,000 arrestsand more than 400 people were ultimately charged,mostly for contempt of court i.e., breaking the injunction.

Those cases have been slowly making their way through the courtsand have almost all been heard. One-hundred and forty-six charges were recently dropped because police failed to read the full injunction to protesters.

Some cases in which protesters are contesting the charges are still before the court.

That includes the case of Rainbow Eyes, a member of the Da'naxda'xw/Awaetlala First Nation who describes herself as a land guardian.

She's hoping to set precedent by using Indigenous law to fight her case.

Helluva Story27:04Return to Fairy Creek

It was the largest act of civil disobedience in Canadian history. More than 1000 people were arrested for blockading logging roads on Vancouver Island, particularly in the Fairy Creek watershed. At the height of the protests the provincial government announced a two year pause on old growth logging in the heart of the area. That deferment was quietly set to end this month, when a last minute extension was granted, kicking the final decision down the road to 2025. While we wait to learn the fate of old growth logging in the area, activists and loggers alike are still dealing with the legal, financial, and emotional fallout of the blockades. On this week's Helluva Story, Kieran Oudshoorn, who reported from behind the lines at the height of the protests, returns to the site of one of the major flashpoints with a protester who hasn't been back sinceto find out how the fight at Fairy Creek has affected those involved, and hear whats next.

Rainbow Eyes says there will be some celebration as the injunction expires.

"It will release the heavy energy that hangs over the forest, so I think it will be a good thing for now," she said, adding that she'll wait to see what Teal Cedar does next.

Both Rainbow Eyes and Earnhart are among those named in a civil suit filed by the company, in which it seekseconomic damages from protesters. That suit is still making its way through the court.