In a judgment released Wednesday, Mr. Justice David Vickers agreed with Sierra Legal, counsel for the Western Canada Wilderness Committee (WCWC), that International Forest Products (Interfor) was not entitled to its injunction that barred the public from the Upper Elaho Valley, an area north of Vancouver noted for its thousand year old Douglas firs.

Interfor and its contractor's employees engaged in "vigilante actions, misrepresentations and lies," stated Justice Vickers, who added that the company did not have the "clean hands" required of applicants who seek the assistance of the Court.

Articled law student Aran O'Carroll, who assisted Sierra Legal Defence Fund counsel Angela McCue during the three week hearing, told ENS the decision is a significant victory for protesters and places the ball in the court of B.C.'s Ministry of Forests.

"The court is saying that it won't have its reputation risked by picking sides in this dispute," said O'Carroll. "It's saying that the provincial government must address this issue."

Wilderness Committee director Joe Foy called the decision a great day for freedom of speech and freedom of assembly, predicting bigger anti-logging protests to come.

"This is going to be, if International Forest Products don't rapidly live up to its responsibilities, the biggest environmental protest that's ever come out of this province," said Foy.

Interfor's chief forester Ric Slaco told ENS the ruling reinforces the company's right to log, build roads and continue work. "We've overextended ourselves to accommodate the interests of others but we have to operate a business. We know we have support within the community, including First Nations," said Slaco.

Last week the Squamish Nation decided to allow Interfor to log and roadbuild in its territory north of Lava Creek in the Upper Elaho Valley.

"Last week the courts were tough on protesters who wanted to take the law into their own hands in the Elaho, and handed down stiff sentences against them. Today's judgment sends a similar message to our employees," said Slaco.

Five Interfor employees face assault charges to be heard in December in connection with an incident in the Elaho Valley last September, which saw three conservationists hospitalized.

In the same month, Mr. Justice Glen Parrett imposed an injunction barring the public from entering the area, prompting the Wilderness Committee's motion to the B.C. Supreme Court to have the injunction set aside. The Wilderness Committee argued that the injunction failed to differentiate between vandals and law abiding citizens.

Two weeks ago, on May 26, Justice Parrett jailed four people who broke the court order for terms ranging between 14 and 56 days. Two more people charged with violating the same injunction, 22 year old Suzanne Jackson and 71 year old Betty Krawczyk, are still before the courts.

"It's an ironic situation, to say the least," said O'Carroll. "Although the injunction has been struck down they [Jackson and Krawczyk] are still liable for criminal contempt because the injunction was valid when they were charged."

WCWC renewed its calls to the provincial government to impose a moratorium on logging ancient trees in an area it would like to see preserved as a national park.

"We are talking about the equivalent of smashing apart one of the finest old cathedrals of Europe and taking out the pieces of stained glass," Foy said. The conservationists say this area must not be fragmented because it is the largest tract of wilderness old growth forest left in the Lower Mainland and it is needed for grizzly bear conservation.

In his reasons for judgment, Justice Vickers affirmed Western Canada Wilderness Committee's rights to conduct research in the area.

The judge also commented on the use of "bubble zone" injunctions that exclude everyone including law-abiding citizens and the media. "I conclude that any injunction granted by the court should not be so wide as to enjoin non-parties from doing something that does not affect the private rights of the parties before the court."

Vancouver lawyer Robbie Fleming confirmed that Wednesday's decision does not mean an end to prosecution of his clients, Chris Nolan and Reasha Wolfe, currently before Justice Parrett charged with criminal contempt of an earlier injunction imposed last summer.

"I wouldn't say Justice Vickers has contradicted Justice Parrett but he's certainly moved in the direction that the accused are pushing for," said Fleming. "It may or may not have an effect on the ruling and in theory it could effect sentencing, but I'm not hopeful. Yesterday's decision certainly thickens the broth though."

Nolan and Wolfe's case is expected to be heard by the end of July. The appeal of the jail sentences handed down to four people May 26 is scheduled for July 18.

Eric Kristianson, spokesman for the B.C. Ministry of Forests, said Forests Minister James Doyle is still reading Justice Vickers' decision and could not comment. Error: Unable to read footer file.