Tree cutting possible 'any moment now' at Lemay Forest, says protester

A group fighting to prevent trees from being cut down at a privately-owned parcel of land in south Winnipeg is on high alert after learning a Manitoba Crown prosecutor is not planning to move forward a private prosecution that had been preventing a developer from deforesting the area.

"It's a terrible grief for myself, for everyone who's involved and really, for the community, to lose such an important forest, such an important piece of Manitoba history," said Louise May, who is part of the Coalition to Save Lemay Forest.

In January, May filed a private prosecution against Tochal Development Group, owner of the roughly 18 hectares of private forest in St. Norbert, over alleged breaches to the Manitoba Cemeteries Act.

The act states that 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. 

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

The institution, which also operated as the 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 MHS. 

The private prosecution, May said, was the only legal mechanism the coalition had to stop the developer from cutting down the trees. But she found out on Thursday that the Manitoba Crown prosecutor who looked at the case is not going to move it forward.

May said her lawyer received an email from the Crown saying they intend to direct the proceedings on all charges to be stayed when the matter goes in front of a judge on Tuesday.

"We are on high alert … the whole community is listening and watching," May said, referring to signs of tree cutting. "We know that's a possibility any moment now."

John Wintrup, a planner with Tochal, said the developer has waited to hear back from the Crown, but the plan remains to cut down the trees.  

"This is private property and the landowner wants this property back," he said, arguing the developer wants to make a productive use of Lemay Forest and that "doesn't involve keeping trees on the property for the neighbours."

When asked on Saturday if the tree cutting would begin on the weekend, Wintrup said the process to remove them will be slow and depend on weather conditions. 

But "we are going to be out there, starting soon to take back these lands," with the developer hoping to have a large presence by the summer, he said. 

Regarding the cemetery, Wintrup said Tochal self-identified the graves more than two years ago and reported it to all levels of government. 

A series of test pits conducted since then haven't led to human remains being found, but Wintrup said the developer will continue its research for the precise location of the graves.

Not all options explored: councillor

Last year, city council rejected a plan to build a 5,000-bed, 2,500-unit assisted living facility in Lemay Forest. Tochal appealed the decision and the Manitoba Municipal Board held a public hearing in February. 

Wintrup said the developer is now waiting to hear back to determine if the project can move forward. But with or without housing, the owner is looking to make use of the land, including establishing a "culturally appropriate healing space," he said.

Coun. Jason Schreyer  acknowledged the forest has been impacted by construction before, but said it is special for different groups of residents and should be preserved so it can be commemorated.

He and at least one other councillor have presented motions to put a freeze on the situation while they seek alternatives for Lemay Forest, such as someone who might want to buy the property and protect it.

"I don't think all options were explored," Schreyer said. 

May said the city and the province have the "power to make this end" but instead are "tossing it back and forth" with "no one being willing to actually sign on the dotted line." 

Eric Reder, director for the Manitoba field office of the Wilderness Committee, said the federal government also needs to step up to ensure trees with cavity nests aren't cut down, particularly with the breeding season of birds starting mid-April in this part of Manitoba.

He's concerned about the developer's plan not adhering to federal regulations that protect pileated woodpecker nesting cavities and the ecosystem that holds them from being destroyed prior to a three-year waiting period.

The province has an opportunity to safeguard that by designating the parcel of land as a heritage site, he said.

"We really need to see leadership [with] the courage to move forward and to say that preserving the Lemay Forest is the right step," Reder added.

"This is the place where we're going to recognize mistakes we've made in the past," he said.