The plaintiff, a logging cooperative holding a sustainable forest licence, sought an interlocutory injunction to prevent the defendants from blockading access to a harvesting area on Crown land.
The responding party, a member of the local First Nation, opposed the injunction, arguing insufficient consultation under s. 35 of the Constitution Act, 1982.
The court granted the injunction, finding that the plaintiff met the RJR MacDonald test and that raising the duty to consult as a defence to an injunction, rather than pursuing legal challenges against the Crown, constituted an abuse of process.
