Hotel deal Council votes on long-awaited addition to conference centre. Page 7 Jesse’s legacy Grieving family raises money for baby monitor. Page 24 Sizzling summer Free concerts add music to Nanaimo’s parks. Page 3
Soccer club hanging on Page 33
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TUESDAY, JULY 9, 2013
VOL. 25, NO. 29
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Judge dismisses injunction ahead of Colliery protest I
allOWS CiTy to bring request back with 24 hours’ notice. By Jenn M c garrigle ThE NEwS BULLETiN
A B.C. Supreme Court judge has dismissed the City of Nanaimo’s application for an anticipatory injunction to prevent citizens from potentially delaying work to remove two dams at Colliery Dam Park. But Judge Douglas Thompson has also allowed for the matter to return to court quickly should problems arise. The city decided last month to take pre-emptive action to thwart the possibility of civil disobedience at the park before it begins by filing for a court injunction after Dave Cutts, president of the Dam Direct Action Group, said in May he planned to organize a group of people to occupy the lower dam. His words followed council’s decision to remove the dams in July and then replace them next year. Thursday’s hearing and Friday morning’s decision were attended by dozens of people in support of keeping the dams. An injunction would put those who do gather and attempt to delay work to remove the two dams in contempt of court, resulting in a possible court date and trial for each person arrested.
During the proceedings, Thompson said people should be given the opportunity to obey the law without being whacked over the head with an injunction before any laws have been broken. While he did not grant an anticipatory injunction, he did grant leave for the city to bring forward an injunction application with one day’s notice against anyone who breaches the city’s parks bylaw. Outside the court, Cutts’s lawyer, Dominique Roelants, called the ruling “pretty close to a win” in that the anticipatory injunction was not granted, adding the judge noted that people are allowed to protest the city’s decision in ways that do not break any laws. “People still have the right to have their voices heard,” he said. “There are still creative ways within the law that may be used.” In his decision, Thompson read out parts of an affidavit sworn by Cutts in which he pledged to do what he could to change the city’s decision within the confines of the law and to protest in non-violent, law-abiding ways. Cutts told the media that he’s not quitting the cause, but taking a different approach. “There are other people who will make their own decisions about what action to take,” he said, adding that he has to meet with other members of the group to decide on the next course of action. u See ‘DECISION’ /4
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Barb McColl rushes up the ramp to high-five a supporter after her Brew Crew team’s narrow victory Sunday morning during the Save-On-Foods Dragon Boat Festival at Nanaimo harbour. Mike Watkin, left, and Nick Thorne are two other members of the Victoria-based team.
Dragon boaters make waves at festival By CHriS BuSH ThE NEwS BULLETiN
Wind heaved the harbour, but failed to founder the 2013 Save-On-Foods Nanaimo Dragon Boat Festival over the weekend. The event, which drew 71 teams and an estimated 14,000 spectators, dragon boat team members and supporters over the weekend, got off to a bumpy start, but still generated plenty of action. “Unfortunately we had weather problems on Satur-
day after the opening ceremony,” said Heiko Behn, Nanaimo Dragon Boat Festival Society chairman. “We just thought it was too windy so we cancelled the afternoon races. Then we carried on Sunday and we managed to get everybody in.” Dropping Saturday’s heats meant the teams competed in six races each – 60 heats in all – instead of eight heats as originally scheduled. “One thing we don’t control is the weather and we just decided it was too dangerous,” Behn said. “They might
have survived, but why risk dumping a whole bunch of people into the water?” Winners of Sunday’s heats will move on to the 2013 Dragon Boat Nationals at Elk Lake in Victoria August 21-24. Moving the race course to deeper water helped avoid dragon boats running aground and future races will follow the new course layout. “There was a little consternation initially because it was a change from what we’ve done, but it worked out marvellously,” Behn said. u See ‘MONEY’ /3
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