By Canadian Press

B.C. lawyer for Crown says stay application in old-growth logging case is flawed

Feb 10, 2022 | 1:14 PM

NANAIMO, B.C. — A lawyer for the Crown says a court application calling for a stay of proceedings against those arrested at old-growth logging protests in B.C. is flawed and has no chance of succeeding.

Nick Melling says charges were never even recommended against the clients represented by one of the lawyers who is part of the application.

Melling says only one of the six applicants who has been charged has alleged mistreatment by police.

The RCMP have arrested people for allegedly violating an injunction against blockades in the Fairy Creek area of Vancouver Island.

Lead Crown counsel Lorne Phipps says what lawyers for some of the applicants are proposing would be a “radical break” from any case that’s come before the court because they’re relying on allegations of police misconduct related to others who were arrested.

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B.C. Supreme Court Justice Douglas Thompson says he has not reached any conclusion on whether the application is frivolous or has no chance of success.

Melling says over 1,000 people were arrested and more than 400 of them were charged with criminal contempt.

Lawyers for logging company Teal Cedar Products Ltd. were also scheduled to make arguments on the application in court.

This report by The Canadian Press was first published Feb. 10, 2022.

The Canadian Press