Parker Lands owner appeals decision to deny summer hearing over protest camp
Lawyer for developer Gem Equities claims decision encourages 'illegality'
The owner of the Parker Lands is appealing a Court of Queen's Bench decision 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 grant developer Gem Equities an immediate hearing to obtain an injunction to remove people camping out on the Parker lands.
Protesters oppose further development and the destruction of more trees and also say they're asserting Indigenous property rights.
Rempel said a decision over an injunction can wait until Nov. 2, but left the door 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 Kevin Toyne filed paperwork to appeal Herbert's decision, arguing the court's reluctance to hear the urgent injunction motions during the summer encourages "unlawful behaviour."
Toyne also argues 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.
Jenna Vandal, one of the protesters, said she is not concerned about an appeal.
"He couldn't prove he suffered irreparable harm the first time, I don't believe he can a second time," she said.