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ANOTHER DAY IN COURT
Yesterday (Tuesday, 17 April 2007), the Youbou TimberLess Society
attended Supreme Court in Victoria and listened to arguments in
the Court of Appeal for British Columbia in the case of James vs
The Crown. Lawyer Joseph Arvay valiantly sought to reverse the Supreme
Court's earlier res judicata decision of 2006 and thereby advance
the previously certified class action lawsuit by former Youbou Sawmill
workers.
The Youbou Sawmill was permanently shut down in January 2001 by
TimberWest Forest Corporation. After the announcement of closure,
it was publicly revealed by TimberWest that the British Columbia
Ministry of Forests had permitted an alteration in the contractual
language of TFL 46. It was this change, without consultation with
communities or workers, that paved the way for the mill's demise.
Since then, the workers have rallied and cried foul over the critical
removal of "Clause 7."
The class action lawsuit seeks to expose the negligence of the Provincial
Government and to extract compensation for the 200 workers whose
livelihoods and lives have been so irrevocably disrupted.
Justices Huddart, Saunders, and Levine presided over yesterday's
hearing in Courtroom 401. The onus is now on the Honourable Justices
to open the way for an airing of the facts in this case. A decision
of the court is anticipated sometime in the next two months and
lawyer Arvay is cautiously optimistic of a favourable outcome.
It is important that justice be done and that justice is seen to
be done. The Youbou TimberLess Society will continue to champion
the welfare of these former woodworkers, their families, and their
community.
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