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Defiant protesters burn injunction after Manitoba judge orders landfill blockade to come down

July 14, 2023

Police liaison asked protesters if they would leave after injunction came into effect

A woman holds burning pieces of paper while people gather around, many recording the act on their phones.
A woman burns a copy of a judge’s injunction at the Brady Road landfill blockade Friday evening, about an hour and a half after it went into effect. (Anne-Louise Michel/Radio-Canada)

CBC News: Protesters at Winnipeg’s Brady Road landfill remained defiant Friday night, ignoring a judge’s order to stop blocking the main road into the facility and burning a copy of the injunction he issued earlier in the day.

The main entrance to the city-owned landfill has been blocked for more than a week in response to the Manitoba government’s decision not to fund a search of the Prairie Green landfill, north of Winnipeg, where the remains of two First Nations women who police say were homicide victims — Morgan Harris and Marcedes Myran — are believed to be.

Supporters of the blockade at the Brady Road facility said they were willing to get arrested if need be after a Manitoba judge granted an interim injunction that prevents protesters from blocking the main road to the facility.  Manitoba Court of King’s Bench Justice Sheldon Lanchbery said Friday afternoon that while the protest is “valid,” the city must be allowed to operate the landfill and the roadway can no longer be blocked.

A man holding a cellphone holds his arm out and points to his right. People holding flags stand behind him.
Joseph Munro, who has been involved with the protest on a service road near the landfill, spoke with a Winnipeg police liaison shortly after the injunction came into effect. (Prabhjot Singh Lotey/CBC)

The injunction went into effect at 6 p.m. CT on Friday.

In the minutes before that deadline approached, CBC News observed an official with the city’s water and waste department posting the injunction near the blockade site on a placard, which was kicked over by protesters shortly afterwards.

After the injunction came into effect, a Winnipeg Police Service liaison officer asked protesters at the site whether they would leave. Darryl Contois, one of the people taking part in the blockade, said that they would not.

A sign with documents attached to it sits on its side in a ditch. A red dress hanging from a post blows in the wind in the background.
The injunction, which was posted near the blockade on a placard, was kicked over by protesters.(Prabhjot Singh Lotey/CBC)

As of 7:30 p.m. Friday, approximately 50-60 protesters were still at the site, including about a dozen children.

A few minutes later, a crowd gathered as a copy of the injunction was set on fire.

Earlier on Friday, more than 40 people packed the Winnipeg courtroom when Lanchbery gave his decision. Many stormed out of the room upon hearing the ruling.

Outside the courthouse, some supporters of the blockade said they were were angered by the judge’s decision and were prepared to be arrested. “If that’s what the Canadian government wants to do and force on our people, then so be it. Let us get arrested,” said Aundrea Spence. 

Protesters defiant despite injunction

WATCH: Supporters of blockade say they’re prepared to be arrested: Duration 0:26

Protester Aundrea Spence and others calling for the search of a Winnipeg landfill for the remains of two women remain defiant after a judge issued an interim injunction ordering them to remove their blockade.

Click on the following link to view the video:

https://www.cbc.ca/news/canada/manitoba/brady-road-injuction-hearing-friday-1.6906939?cmp=newsletter_Morning%20Headlines%20from%20CBC%20News_1613_1187746

Val Vint said it was frustrating to see the blockade at the Brady landfill ordered to end after a matter of days, drawing a comparison with a protest against COVID-19 vaccine mandates and public health orders that was allowed to block streets in downtown Winnipeg for weeks last year.

“We want our sisters dug up from out the most inappropriate burial site you can think of, and they’re going charge us right away, but they let those truckers sit out there for how long?” said Vint.

Protesters must be allowed to remain at or near the site to continue protesting, but cannot block the roadway, Lanchbery told the court. 

People standing on a road holding drums.
Some protesters were seen drumming at the blockade after the injunction came into effect at 6 p.m. Friday. (Bartley Kives/CBC)

Winnipeg police will have full authority to enforce it, according to the judge’s decision.

A spokesperson for the Winnipeg Police Service said police have not seen the court decision yet but will determine their next steps once reviewing it.  “We do not typically provide information regarding police operational plans,” said Const. Dani McKinnon. 

At the blockade, protester Diane Bousquet said the group is awaiting to hear how the homicide victims’ families would like to proceed.  “As for myself, I plan to be here and push that line until told otherwise. I have no plan to go anywhere today.”

A group of four women sing and drum outside a courthouse.
Supporters of the Brady Road landfill blockade gathered outside the Winnipeg law courts Friday. (Travis Golby/CBC)
‘This matter isn’t done’ 

The City of Winnipeg applied for the injunction on Tuesday, arguing it was needed to address concerns about environmental, safety and financial risks that could cause “irreparable harm” to the city if the blockade continues.

Lawyers for the city declined to comment following Friday’s decision. 

Lanchery’s decision comes after the city and protesters failed to reach a compromise, something the judge had asked both parties to try to do Thursday. 

The protesters’ lawyers had requested a longer adjournment, but Lanchbery said he believed there needed to be a decision on the injunction Friday.  “What this boils down to is no one in this province is allowed to block a highway,” the judge said Friday morning.

“This is a public roadway.”

Diane Bousquet, an activists for Indigenous rights, puts red hand prints on the main road into the Brady Road landfill, just outside of Winnipeg, Monday, July 10, 2023, after the city issued an order to vacate the blockade site by Monday at noon.
Diane Bousquet, an activist for Indigenous rights, puts red hand prints on the main road into the Brady Road landfill, just outside of Winnipeg. She said Friday she has no plans of leaving. (David Lipnowski/The Canadian Press)

The injunction order is temporary until lawyers for both parties can prepare a more substantive case, which will be heard in court at a latter date. At that point, the injunction could either continue or be dismissed by a judge. “This matter isn’t done,” said Sacha Paul, one of the lawyers for the protest group. “There’s still something pending.”

ABOUT THE AUTHOR

Sarah Petz, Reporter

Sarah Petz is a reporter with CBC Manitoba. She was previously based at CBC New Brunswick. Her career has taken her across three provinces and includes a stint in East Africa. She can be reached at Sarah.Petz@cbc.ca or @sarahrosepetz on Twitter.