Parker Lands owner appeals decision to deny summer hearing over protest camp

The owner of the Parker Lands is appealing a Court of Queen's Benchdecision to deny a request for a summer hearing to remove protesters from the Fort Garry property.

On Wednesday, Justice Herbert Rempel decided there is no pressing need to grantdeveloper Gem Equities an immediate hearing to obtainaninjunction to remove people camping out on the Parker lands.

Protesters opposefurther development and the destruction of more treesand also say they're asserting Indigenous property rights.

Rempelsaid a decision over an injunction can wait until Nov. 2, butleft thedoor open to an earlier date if the protest poses a public safety risk.

• Developer takes legal action to remove protesters from Parker Lands
• Company denied urgent hearing to remove protesters from Parker Lands

On Thursday, Gem Equities lawyer KevinToynefiled paperwork to appeal Herbert's decision, arguing the court's reluctance to hear the urgent injunction motions during the summer encourages "unlawful behaviour."

Toynealsoargues Herbert's decision sets a "dangerous precedent."

Activists at the encampment told CBC News this week they would leave voluntarily if a court ordered them to do so and assured their protest is entirely peaceful.

JennaVandal, one of the protesters, said she is not concerned about anappeal.

"He couldn't prove he suffered irreparable harm the first time, Idon't believe he can a second time," she said.