Pages 14 & 15 Jessica Ogden's Contempt Case
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August 1, 2019 The Valley Voice 1 Volume 28, Number 15 August 1, 2019 Delivered to every home between Edgewood, Kaslo & South Slocan. Published bi-weekly. Your independently owned regional community newspaper serving the Arrow Lakes, Slocan & North Kootenay Lake Valleys. Jessica Ogden’s contempt case dismissed due to a technicality by Jan McMurray protest site. The affidavits submitted I’m living underneath a slide area Was your conduct in breach of the to go back and block the road,” and The civil contempt of court case by CCC were from Kestell and Kaslo that’s going to be logged… we have order?” She said that if the concerns warned that if Ogden or anyone against logging protester Jessica RCMP Constable Shaun Kennedy. the constitutional right to life, liberty expressed by Ogden continue, “then present in the courtroom did so, the Ogden was dismissed in Supreme Justice Duncan told Ogden that and security so perhaps a constitutional the remedy you seek is probably in same consequences of a court hearing Court in Nelson on July 25 due to if CCC had filed the paperwork challenge would be more appropriate.” the order itself. I am bound by Justice would likely be pursued. a technicality. Mme Justice Jennifer according to correct procedure, Ogden Justice Duncan said she was Hori’s order. I can’t do anything but CCC’s lawyer, Matthew Duncan dismissed the case because would have been found guilty of “keenly aware” of Ogden’s concerns, follow the order.” Scheffelmaier, told Justice Duncan the plaintiff, Cooper Creek Cedar contempt for disobeying the court having read her affidavit. “What I am A long-time Balfour resident, that he didn’t realize he had to file (CCC), failed to file one piece of the injunction. “The court takes it understanding from you and the people Kevin Forsyth, was there to testify an application for a contempt order; required paperwork – an application extremely seriously when orders in the gallery is that there is a lot of in support of Ogden, to outline he believed “it rose out of the order for the contempt order. made are not followed. I know you concern about watersheds and logging. concerns he has had in his dealings itself,” referring to the injunction Several of Ogden’s supporters are taking a stand, but when the court These are not issues I can adjudicate with CCC over the years. However, ordering Ogden to stop blockading were in the courtroom and rallying makes orders, the proper avenue is to on today and they don’t inform me Justice Duncan didn’t allow Forsyth’s the Balfour Face Forest Service Road. outside on both court hearing dates, apply to have them set aside, not to whether or not I find civil contempt. testimony, as she felt it would not If Ogden had been found guilty July 22 and 25. defy them.” I can hear you, but it’s not relevant assist her to make a decision on the of contempt, CCC had been seeking Ogden was arrested for civil Ogden explained during to what I have to decide. What I have contempt charge. an order to not blockade Balfour Face contempt of court when she disobeyed the proceedings that she had to decide today is: Was the order in Justice Duncan was very clear Forest Service Road, and to pay the a court injunction to stop blockading misunderstood the legal process. “It place? Were you aware of the order? that this decision was “not a licence company’s legal costs. the Balfour Face Forest Service Road. was my understanding there would She was served the court order on be an injunction served and we would June 21 by Bill Kestell of CCC, and be able to challenge that injunction arrested on the same day by RCMP while remaining at the protest site,” officers who attended the site with she said. “I didn’t understand until Kestell. The injunction was police that day that the enforcement order enforceable. and the injunction would come at the Justice Duncan said that although same time.” the affidavits and video evidence She pointed out errors in CCC’s submitted by Cooper Creek Cedar application for the injunction, clearly show that Ogden was in which she said may have misled contempt of court, the failure of CCC Justice Dennis Hori, who issued the to file the notice of application was a injunction. Scheffelmaier admitted to “fatal flaw… so I’m not finding her the errors. guilty of civil contempt, but I’m not Ogden said that at the time she condoning her conduct.” was served the injunction, she didn’t The videos that CCC’s lawyer, understand how the protesters could Matthew Scheffelmaier, showed in present their concerns in the court court as evidence are published on system. “So this was a defense of Ogden’s Facebook page and created necessity and the last line of defence by the protesters to document their after several other efforts through encounters with Bill Kestell of CCC the proper channels,” she said. “As a Jessica Ogden speaks to supporters outside the Nelson courthouse after the hearing on July 22. At the hearing July 25, the civil contempt of and RCMP officers at the Balfour community, we feel we have reasons… court charge against her was dismissed on a technicality – Cooper Creek Cedar had failed to file a document. 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With music from the Claybrick “Queen of the Slocan Valley.” As Moir pictures of construction that began in Lodge is the first housing project in the visitors to view her suite as part of the Band, food prepared by Mabel Kabatoff, said, “Lydia has made seniors’ housing November, 1998, in the snow, and think Columbia Basin that they put funds into – day’s celebrations, helped plan this event, and a huge cake from Fomi’s, about 150 in this valley one of her main goals. that people moved in just eight months they were here at the grand opening back and spoke briefly about her experience people turned out. She raised about $7,000 for Passmore later… That, my friends, is due to the in 1999, when they contributed $50,000. of living at the Lodge. “I feel as if I In her opening remarks, Rita Moir, Lodge and the same for Slocan City talent and hard work of Bill Berg.” Since then, the Trust has made affordable am living in a park!” she said, “I love chair of the Slocan Valley Seniors’ Suites. Lydia will acknowledge that she’s She also thanked the nine families housing in the Basin a priority, and they living here.” The formalities wound up Housing Society said, “The society no spring chicken, but every time the who together donated the land for the provided major funding to our Slocan with words from Corky Evans, about started back in 1995, when a bunch ambulance shrieks down the back road building. Two members of that group, project.” The Trust has also helped with whom Moir said, “He advocated on our of people from the Vallican Whole, to take her to hospital, every time she Greg Utzig and George Perriere, said many other aspects of the work over behalf, and I think it was his advocacy Passmore Seniors and the Doukhobor figures there’s not much left to her time they had been happy to do it. “We know the years. Trust representative Aimee (along with all the work we did) that community got together, overcame on this earth, we quickly plan another we’ll need it someday!” said Utzig. Ambrosone said, “We are so proud to convinced the province of BC that all us our differences and suspicions, and got celebration, because Lydia simply can’t Various luminaries spoke to the call you our partner.” rural people, held together with bailer down to work.” Moir and the first board miss a party.” assembled crowd, including MLA Moir also read a letter from Judy twine and love, could actually pull this president, Don Munro, pulled together a Moir expressed her appreciation Katrine Conroy, MP Dick Cannings, Harris (Judy Gayton when she was a off.” Evans said, “I’ve lived here so long committee and they were off to the races. to numerous contributors, notably, RDCK Director Water Popoff, the housing consultant for the project): “The there were 12 families on each party The result was 10 homes for seniors in a Kalesnikoff, Slocan Forest Products and Columbia Basin Trust’s Executive MOST amazing project team I had the line. Over these 50 years we sometimes beautiful building designed by architect Goose Creek Lumber, who donated all Director of Delivery of Benefits, Aimee privilege of working with was definitely have suffered from cultural differences.