Lemay Forest protester fined $15K for breaching court injunction

A protester with a group that fought to prevent trees from being cut down at a privately owned parcel of land in south Winnipeg has been ordered to pay a $15,000 fine after a judge found her to be in civil contempt of court for breaching an injunction.

Louise May, a 59-year-old small business owner and member of the Coalition to Save the Lemay Forest, was found in civil contempt of court on Feb. 26 for breaching an injunction when she impeded the developer's access to the St. Norbert property.

May sat with supporters in the gallery for her sentencing hearing in the Manitoba Court of King's Bench on Monday. Her lawyer, Scott Newman, argued the contempt finding should be thrown out given May had apologized. 

Manitoba Court of King's Bench Justice Sarah Inness told court the developer's actions, which included making statements about cutting trees, escalated tensions, but the judge upheld the contempt finding against May.

"She did the wrong thing, but for an important public purpose," Inness said Monday.

However, court orders must also be taken seriously in a civilized society, if the rule of the law is to be maintained, Inness added.

She said the fine was a "fit and appropriate sanction" for May, noting that May had no criminal record and no prior contempt breaches, and describing her as a community activist on environmental issues.

May has been given a year to pay the developer, but she says it's going to be difficult to meet the deadline because money is tight on her farm.

"It's a terrible price to pay for community involvement and standing up for what's right, [and] I think it sends a bad message to the community," she told reporters outside of the courthouse.

May said she thinks the judge's decision was a mistake.

"You're taking from a hard-working, small business, community-minded, volunteer-oriented person, and moving money to a multimillionaire who made a bad decision in his business planning."

May was 'targeted,' lawyer alleges

In April, a provincial board upheld a City of Winnipeg decision rejecting a proposal to build a 5,000-bed, 2,500-unit assisted living facility on 18 hectares of forested land along the Red River.

Shortly after, Manitoba Premier Wab Kinew announced that his government plans to expropriate the land and turn it into a provincial park.

The City of Winnipeg assessed the value of the land at around $1.7 million, according to court documents, but the developer has argued the land has an estimated value of $8 million.

A lawyer for Tochal Development Group, the developer that owns the land, wanted May to pay court costs and expenses of around $42,000.

Kevin Toyne, who represents Tochal, argued costs that are too low could be seen as a "slap on the wrist."

"That's something that will encourage contempt, not dissuade it," he told the judge.

Newman argued the costs Toyne's client was seeking from May would have been "a massive penalty for a 60-year-old goat farmer."

Newman argued minimal costs, a small fine, community service or a charitable donation would be an appropriate punishment for May. He wanted a penalty of just over $3,000.

He also argued May wasn't the only one blocking access to the site, suggesting there was a reason the contempt motion was filed against her.

In January, May filed a private prosecution against Tochal Development Group over alleged breaches to the Manitoba Cemeteries Act, which says any person who willfully "destroys, cuts, breaks, or injures any tree, shrub, or plant in a cemetery" is guilty of an offence and liable to a fine.

May's private prosecution was stayed in February, according to court documents.

"Ms. May was, I will respectfully submit, targeted for this contempt of court breach on the basis of her private prosecution," Newman argued. "The reason that they chose her was that it was a tactical choice because they wanted to challenge her lawful conduct."

The Manitoba Historical Society has previously said the forest houses a cemetery site of the Asile Ritchot orphanage, which operated from 1904 to 1948. 

The institution, which also operated as a home for unwed mothers, had a mortality rate close to 60 per cent, and between 1,200 and 2,300 children died in the building, with most buried in common and unmarked graves in the forest, according to records from the society.