response from provincial government to my concerns about police tactics at Fairy Creek

Peter Johnston

Email:  pjohnston [at] lasqueti [dot] ca

Dear Peter Johnston:

Thank you for your email dated September 8, 2021, addressed to Premier John Horgan, and the Honourable Mike Farnworth, Minister of Public Safety and Solicitor General, among others, regarding concerns about police in relation to the protests at Fairy Creek.  Your email has been directed to the Policing and Security Branch, Ministry of Public Safety and Solicitor General, for response.

Under the Police Act (BC), it is the responsibility of the Minister of Public Safety and Solicitor General to ensure that an adequate and effective level of policing and law enforcement is maintained throughout British Columbia.  While it is the responsibility of the Minister to set the goals, objectives and priorities for policing and law enforcement in BC, the day-to-day deployment of police services falls to the RCMP, the municipal police department or the relevant designated policing and/or law enforcement unit.  Individual investigations and enforcement decisions, such as the one described in your letter, occur at arm’s length from government and the Minister cannot interfere with or direct police on such matters

In your letter you express numerous concerns regarding the approach of RCMP to enforcement of the court ordered injunction at Fairy Creek on Vancouver Island.  I trust you will find the following information to be helpful.

As you are likely aware, on April 1, 2021, the Supreme Court of BC (SCBC) made an Order granting an injunction to Teal-Cedar Products Ltd and authorizing police to enforce the court’s order.  This Order was issued following public legal proceedings in the Supreme Court regarding the application filed by Teal-Cedar Products Ltd.  The Order prohibits people from obstructing, impeding, or interfering with the work of Teal-Cedar Products Ltd in the specified injunction area.  It recognizes the rights of people to participate in “peaceful, lawful and safe” protest, provided they comply with the terms of the Order.

When the Court grants an injunction order, it gives police the discretion as to timing and manner of the enforcement of that Order, including detention and arrest of individuals who they have reasonable and probable grounds to believe are contravening the Order.  As this is an order of the SCBC, the Court retains jurisdiction to supervise compliance with all terms of the Order, including progress in police enforcement of the Order.  As mentioned above, all decisions regarding the operational deployment of resources in enforcement of the Order occur at arm’s length from government and we are not able to interfere with or direct police on such matters.

On August 9, 2021, the SCBC issued a decision following an application concerning the RCMP’s use of access control points and control of media access to sites of ongoing police operations in Fairy Creek.  A copy of the Court’s decision can be found on the SCBC website at:  www.bccourts.ca/jdb-txt/sc/21/15/2021BCSC1554.htm

People who have concerns can contact “E” Division RCMP directly:

Royal Canadian Mounted Police “E” Division

14200 Green Timbers Way

Mailstop #308

Surrey BC  V3T 6P3

Telephone: 778-290-3100

Another option to raise concerns about RCMP actions is to contact the Civilian Review and Complaints Commission for the RCMP (CRCC).  The CRCC is an independent agency established by the Parliament of Canada to ensure that public complaints against members of the RCMP are examined impartially.  More information on the public complaint process is available on the CRCC’s website at:  www.crcc-ccetp.gc.ca.  You can also contact the CRCC by telephone at: 1-800-665-6878.

Thank you again for writing.

Regards,

Wayne Rideout

Assistant Deputy Minister

   And Director of Police Services

Policing and Security Branch

Ministry of Public Safety and Solicitor General

pc:       The Honourable John Horgan

CLIFF number: 623696