Rochelle Baker

June 25, 2021 ENVIRONMENTALISTS STRUGGLING TO SAVE diminishing ancient forests on Canada’s West Coast are hopeful after BC announced a new old-growth advisory panel staffed by respected foresters and scientists. “The technical panel is a very welcome positive step forward,” said Andrea Inness of the Ancient Forest Alliance. “It really gives me a glimmer of hope the Province is going to listen to science around the state of old-growth forests.” The new technical panel will ensure the province is using the best science and data available to identify at-risk old-growth ecosystems and prioritize the areas slated for old-growth logging deferrals, said BC Minister of Forests Katrine Conroy on Thursday. “We are committed to a science-based approach to old-growth management, and our work with the advisory panel will help us break down barriers between the different interpretations of data that are out there,” Conroy said in a press statement. The panel includes ecologists Rachel Holt and Karen Price, forest policy expert and environmental economist Lisa Matthaus, and foresters Garry Merkel and Dave Daust. The appointments come as the NDP government is facing mounting public pressure, both at home and abroad, to make good on its promise to protect the most at-risk tracts of BC’s iconic ancient forests. Protests calling for action have been occurring across the province, and over 300 activists have been arrested at old-growth blockades in the Fairy Creek watershed on southwest Vancouver Island in Premier John Horgan’s riding. The choice of panellists suggests the Province is finally acknowledging the data and science behind the independent Last Stand report written by Holt, Price and Daust that indicates the dire state of at-risk forest ecosystems in BC, Inness said. The report, often cited by environmental groups (ENGOs), suggests that only three percent of BC’s remaining old forests support massive ancient trees. “To date, we have not seen or heard the Province accept those scientific findings or embrace and make decisions based on them,” Inness said. The inclusion of Merkel—an author of the old-growth strategic review that includes 14 recommendations the government has committed to implement to shift forestry away from a focus on timber extraction to prioritizing biodiversity—is also a positive sign, she added. “I hope this signals a turning point in the Province’s approach to implementing the old-growth [review] recommendations,” she said. “And that the Province understands we can’t get anywhere if we don’t see eye-to-eye on the crisis at hand and the state of old-growth forests.” The Province has come under fire by ENGOs, which suggest it has grossly exaggerated the amount of at-risk old-growth it protected through logging deferrals in nine areas across the Province made in September. Inness hopes the panel’s input will rectify the government’s claim it has protected 200,000 hectares of old-growth. “I still have concerns, because we continue to see the Province use misleading figures around the state of old-growth forests and what they’ve done so far,” Inness said. “You know much of that forest is not what the average British Columbia would consider old-growth. It is low-productivity forest with smaller trees, and much of that area is already protected.” The panel will be providing advice around high-priority areas for deferrals, but won’t be making any decisions, which will result from government-to-government discussions with Indigenous nations, Conroy said at a press conference on June 24, 2021. Ecologist Rachel Holt is a member of BC’s new old-growth technical advisory panel. In addition to identifying high-priority at-risk areas for deferral, the panel will help develop a common understanding of the broader issues around at-risk forest ecosystems, Holt stated. “We’re hoping along the way we can increase the understanding and transparency of information around the issues of old-growth forests in the province,” Holt said. There has been a lot of different or competing data presented from various stakeholders around old-growth forests, and it’s resulting in public mistrust, she said, noting the old-growth review called for better public information on at-risk forests. “We’re hoping the panel can clear up a lot of that miscommunication, and really help the public, so everyone has a baseline understanding of the state of old-growth in the province,” Holt said. “What really is and isn’t at risk. How much there is. You know, all these questions there’s been a lot of conversation about over the last couple of years.” However, Conroy would not clarify when or if the panel’s information around the priority deferral areas would become public, saying, eventually some information would be released. “The advice will be confidential, but it’ll help us to inform those really important government-to-government discussions on future deferrals,” Conroy said, adding more deferrals are expected this summer. Jens Wieting of Sierra Club BC said he hoped the panel appointment signalled the provincial government would no longer delay action around the promised paradigm shift in forest stewardship. Interim old-growth deferrals are vital to ensure the most at-risk forests aren’t being logged as discussions with First Nations occur, Wieting said. “But I’d like to repeat how important it is that the government act quickly, and announce funding with the explicit purpose to increase protections, and give First Nations and communities some hope they’ll be supported through this transition,” he said. That’s a sentiment echoed by activists leading the blockades in the Fairy Creek area. Caycuse old-growth, before and after logging (photo by T.J. Watt) Kathleen Code, a Rainforest Flying Squad organizer, said “Work should begin immediately to transition away from old-growth logging while the panel develops strategies to move forward.” She noted that the two-year timeline means hundreds of hectares of old-growth forest could disappear before the panel is able to develop a strategy for old-growth management. The Rainforest Flying Squad promises to continue to stand as the last line of defence for these rare old trees. Code said, “Really there has been enough research to demonstrate that all remaining stands of old growth forest need to be protected and in fact provide greater benefits overall when left standing.” Intact, endangered old-growth forest in Fairy Creek area (drone photo by Alex Harris) Logging has continued in areas adjacent to Fairy Creek since the two-year logging deferral was announced on June 9. Andy MacKinnon, forest ecologist, professional forester and professional biologist (retired) stated, “The Old Growth Technical Advisory Panel is an excellent panel with an excellent mandate. It’s composed of well known and respected scientists and they will make excellent recommendations. But it follows another excellent panel with an excellent mandate, the Old Growth Strategic Review Panel, that made excellent recommendations.” MacKinnon added, “There hasn’t been much will demonstrated to implement those recommendations. What is needed is a commitment to implementing the panel’s recommendations, otherwise it’s just stalling.” Holt hopes the panel’s work will mark a shift in forestry policy in the province. “The government taking the step of putting this group together really helps us move along that track,” she said, adding little progress has been made to date. “I want to be optimistic that this is the beginning of the paradigm shift. And time will tell us if that is correct.” Rochelle Baker is a Local Journalism Initiative reporter with Canada’s National Observer. The Local Journalism Initiative is funded by the Government of Canada. With files from Leslie Campbell.

Fairy Creek old-growth activists are facing arrest but the injunction won't stop them defending some of the last tracts of ancient rainforest on southern Vancouver Island. April 2, 2021 DESCRIBING THE PROTESTERS AS “MISGUIDED,” BC Supreme Court Justice Frits Verhoeven granted forestry company Teal-Jones an injunction on Thursday prohibiting roadblocks at various entry points to its Tree Farm Licence (TFL) 46 near the community of Port Renfrew. But Fairy Creek supporters say the court order only fuels the fight to save the pristine forests and giant trees growing in the headwaters of Fairy Creek, as well as remaining groves near Gordon River, Camper Creek and in the upper Walbran Valley. Teal-Jones’ activities in TFL 46 are lawful and follow permits issued by the province, but blockades preventing logging activities are aimed at influencing government policy, Verhoeven observed. “It is clear that the defendants are dissatisfied with the forestry policies of the provincial government relating to logging of old- growth forests,” he said. But the blockades are illegal and violate the rule of law, he added. There is no disputing climate change is a grave threat to humanity’s future, but making a decision on the matter falls outside his jurisdiction, the judge said. “The effect of old-growth forests and logging on climate change and biodiversity is not before me, and is not for me to say,” Verhoeven said. “What is at stake in this court is the maintenance of law and order and respect for the rule of law,” he said. “The protesters are free to protest, demonstrate and attempt to influence the government in any lawful way they may choose, but no one has the right to disobey a court order, no matter how passionately they may believe in their cause.” In its application, Teal-Jones asked the court to prohibit the blockades until at least September 4 and grant RCMP the right to remove protesters violating the order. Court order a ‘flashpoint’ for public support The court order banning road blockades that prevent Teal-Jones logging activities is likely to build support for the Fairy Creek protest, say supporters. Photo by Will O'Connell Ultimately, the court’s decision is not a surprise, said Fairy Creek blockade supporter Kathleen Code, one of the defendants named in the injunction. Each individual protester will decide if they’re willing to risk arrest at the blockades, Code said, but the injunction won’t quash growing public support to save Fairy Creek. “We know the instant Teal-Jones has access to those trees, they will cut them down,” Code said. “I think the decision will actually serve as a flashpoint. People are tired of having a government that is willing to sacrifice the last remnants of our old-growth forests.” Case in point are the hundreds of people who turned up for the latest in a series of protests at the BC legislature in Victoria on Saturday calling for the end of old-growth logging in the province, Code said. Blockade supporter Will O’Connell agreed the injunction wouldn’t deter people from working to save Fairy Creek as an intact watershed. “The blockade has been going [for] eight months, but the court injunction is just the start of this story,” said O’Connell, who expects it will launch years of activism. “If anyone thinks this movement will be quelled by force, they have another thing coming.” O’Connell said he was compelled to support the blockades last summer because he couldn’t stomach watching the continued loss of ancient trees, some thousands of years old, to logging in the region. There’s a rapid groundswell of support for the blockade and protecting at-risk old-growth that feels different than in the past, O’Connell said. “This is not a fragile movement that people from a distance might think is just [the] status quo response by the environmental movement,” he said. “It’s not the passive grumbling about clear-cutting we’ve seen over the last decade where people make phone calls or write letters.” The final straw for the public has been the government’s inadequate response to meeting the recommendations of the old-growth strategic review, he said. “The NDP promised to change the way it approached old-growth, and it hasn’t,” O’Connell said, adding protecting big trees and forestry has long been mismanaged in a way that fails both the environment and sustainable industry. “It just feels like we’ve been documenting the collapse of our last ancient forests, but now there is a change that actually stands in the way of that being destroyed,” O’Connell added. Fairy Creek blockade supporter Will O’Connell said the movement to protect old-growth forest is getting stronger and more active. Photo courtesy of Will O’Connell In his decision, Verhoeven agreed the blockades threatened Teal-Jones’ legal right to harvest timber worth approximately $20 million in the region, as well as the operations and employment of 460 people at the company’s mills. The Pacheedaht First Nation is also aware of the forestry operations in its traditional territory, has agreements in place with various companies, and has not objected to logging activity in planned cut blocks, Verhoeven said. And while three individual members of the nation testified that they object to logging in Fairy Creek and support the protesters, none claimed to represent the Pacheedaht collectively, Verhoeven said. One of the members, Pacheedaht elder Bill Jones, said his spiritual practices are threatened because logging the Fairy Creek watershed would endanger important bathing pools. But most of the Fairy Creek watershed is already protected, said Verhoeven, and the Teal-Jones cut block in the upper elevation of the region has intermittent watercourses and no bathing pools. And any freedom of religion challenge must be directed at government, not Teal-Jones, he added. Ball is in premier’s court Torrance Coste of the Wilderness Committee said while the injunction decision reflects the law, it doesn’t necessarily mean justice was applied. “Those are not the same things,” Coste said. “If the legal system was based on justice, there wouldn’t be an injunction and the blockades wouldn’t be there in the first place.” Following the ruling, the outcomes and the next move are up to the Province, Coste said. “Really, the ball is in Premier [John] Horgan’s court,” he said. Horgan has the power to save Fairy Creek, which is in his own riding, Coste added. If he fails to do so, government will wear the results. “The consequences are the lack of public faith in this government, and that’s not the responsibility of a logging company to restore,” he said. “Horgan can step up and defer logging in this TFL and give some of the last, best old-growth forests like Fairy Creek some breathing room while government plans how to ensure these ecosystems survive,” Coste said. The strategic old-growth review called for a paradigm shift, moving away from a focus on old-growth timber harvesting to the protection of at-risk ecosystems and biodiversity, Coste added. “The reason that folks are taking it into their own hands is because the government's not providing that.” Rochelle Baker is a Local Journalism Initiative reporter with Canada’s National Observer. The Local Journalism Initiative is funded by the Government of Canada. See another story about the injunction by David Broadland here.

A new environmental report card says the BC government is failing to enact recommendations it accepted to protect large old growth trees. March 12, 2021 A former Vancouver Island forest. Photo by TJ Watt Premier John Horgan is getting failing grades when it comes to protecting BC’s old-growth forests, according to a report card issued by a coalition of environmental groups on Thursday, March 11, 2020. The report card evaluates the Province’s progress at the six-month mark after its promise to act on 14 recommendations outlined in a report that followed a strategic review of BC’s old-growth forestry practices. Most urgently, the Province grades poorly around the call to take immediate action to protect at-risk old-growth and stem the loss of rare ecosystems, said Andrea Inness, a campaigner with the Ancient Forest Alliance (AFA), which issued the report card along with the Wilderness Committee and the Sierra Club BC. “They committed to act immediately to temporarily halt logging in the most endangered old-growth forest ecosystems,” said Inness. “The province still has a very, very long way to go to actually implement that critical recommendation.” When the government announced it would adopt a new approach to old-growth management in September, it temporarily deferred logging in 353,000 hectares of forest in nine regions until a new plan was developed. Andrea Inness, of the the Ancient Forest Alliance (AFA), said the BC government is not acting on its promise to act on recommendations to protect at risk, old-growth forests. However, various environmental groups and reports have questioned how much of the government’s deferred areas actually included at-risk, high-value, old-growth ecosystems, Inness said. “Those deferrals were highly problematic,” she added, noting the most at-risk areas of old-growth valued in terms of biodiversity were not protected. “They’ve really exaggerated that a lot to make it sound like they’ve done more than they have,” Inness said. Much of the forested areas covered in the government’s deferral fell within a number of parks, ecological reserves, or included already existing deferrals or poor grade timber and low-value ecosystems not at risk of logging, Inness said. Only about 415,000 hectares of old-growth forest with big trees remain in BC, mostly without protection, according to an independent report, said Inness said. “We try to look at this data and have determined that only 3,800 hectares of that 353,000 deferral was actually previously unprotected high-risk old-growth forests,” Inness said. As such, clear-cutting will continue in critical old-growth stands—such as the Fairy Creek watershed on Vancouver Island—destroying their bio-diverse ecosystems forever, she said. Activists blockading logging activity in the Fairy Creek watershed near Port Renfrew for the last seven months got a temporary reprieve after an injunction hearing to oust them was adjourned for three weeks in late February. “It would send a very strong signal if Premier Horgan announced within this three-week timeframe that [government] is going to set that forest aside,” Inness said. “Because, that would be consistent with what he’s promised to do.” Environmental groups have issued the BC government failing grades around it’s promises to take a new approach to old growth management. The report card suggests that the Province is also failing to adequately chart a new forest approach that prioritizes the integrity of ecosystems and biodiversity as called for by the review plan. During the October election, the NDP election platform committed to meeting the old-growth strategic review recommendations and protecting more old-growth forests—in addition to the original deferral—in collaboration with First Nations, labour, industry and environmental groups. And the Province also committed to protecting up to 1,500 individual, giant and iconic trees as part of its special tree regulations when announcing its forest deferrals. While the government has initiated conversations with First Nations around old-growth forestry, other steps need to be taken to fulfil the old-growth recommendations, Inness said. The new BC budget is slated for April and the Province should commit funds to support First Nations experiencing economic losses due to forestry deferrals or when choosing to protect ancient forests, she said. “Until that economic piece is addressed, it could be very difficult for First Nations to agree to temporarily halt logging or permanently protect old growth in their territories if there aren’t alternatives,” Inness said. Additionally, the Province has failed to tie its implementation promises to any timeline, nor has it signalled whether it’s on track to come up with a provincial transition plan within the next six months that prioritizes ecosystem health as promised, she said. Should the government make good on its promises to enact old-growth strategic review recommendations, it involves a complete paradigm shift in the way forests are managed, Inness said. “It means putting biodiversity and ecosystem integrity ahead of timber supply,” she said. “But [the Province] isn’t showing that they understand that. In fact, it feels more like they want to maintain the status quo.” Comment from the office of the B.C.'s Ministry of Forests, Lands, Natural Resource Operations and Rural Development was unavailable before deadline. Rochelle Baker is a Local Journalism Initiative reporter with Canada’s National Observer. The LJI is funded by the Government of Canada.

Judge rules that protesters must be given more time to defend themselves against Teal-Jones' application for an injunction. March 7, 2021 FAIRY CREEK BLOCKADE ACTIVISTS trying to protect some of the last stands of old-growth forest on southern Vancouver Island have won a three-week reprieve after a judge adjourned an injunction hearing on Thursday, February 25, 2021. BC Supreme Court Justice Jennifer Power granted a request by the blockade’s legal team for more time to assemble materials necessary for a defence against the injunction. Forestry company Teal-Jones had sought the injunction to remove the Fairy Creek blockades at various entry points to its Tree Farm Licence (TFL) 46 near the community of Port Renfrew until September 4. However, Power said it was in the interest of justice to allow the delay, so defendants could better prepare and the court could set aside more time to hear the matter. Additionally, Power was unconvinced a short delay would be problematic given the blockade started in August 2020, but the forestry company did not apply for the injunction until February 18, 2021. “I am not persuaded that I should find urgency or prejudice to the extent that the plaintiff now alleges,” Power said. “If, as the plaintiffs argued [that] there will be a prolonged civil disobedience campaign after a court order, it is, in my view, all the more important that any order that the court makes be made [based] on a full hearing.” The blockade activists want to save pristine old-growth forest at the headwaters of Fairy Creek with yellow cedars thought to be 1,000 years old, as well as other remaining groves near Camper Creek, Gordon River, and in the Upper Walbran Valley. Old growth forest in Fairy Creek watershed Pacheedaht First Nation elder Bill Jones, one of defendants named in the injunction application, says the Fairy Creek valley falls within the nation’s traditional territory and contains bathing pools with spiritual significance that are endangered by clear-cutting. It was also in the public’s interest to adjourn the hearing, said defence lawyer Patrick Canning. Demonstrators in solidarity with the Fairy Creek blockade gathered on the Victoria courthouse steps on March 4, and in various other communities on Vancouver Island prior to the court decision. Lawyers representing Teal-Cedar, a division of Teal-Jones, had argued that Power should grant the injunction immediately because a delay would endanger road building in the region necessary before logging could occur later in the spring and summer. Any further delays due to the blockades would threaten timber harvesting and jobs at its mills, said the company’s lawyer Dean Dalke. The elected council of the Pacheedaht Nation were also aware of and did not oppose the proposed logging activity in the region, Dalke said. The request for an adjournment by the defence was to raise issues that wouldn’t, in fact, be a defence to an illegal blockade, he added. Regardless of whether the defence arguments “would pass muster,” it was important to allot enough time to adequately hear them, Power said. A two-day injunction hearing is now scheduled to start March 25. Teal-Jones did not respond to a request for comment following the hearing decision before deadline. Rochelle Baker is a Local Journalism Initiative Reporter with Canada’s National Observer. LJI reporters are funded by the Government of Canada.