Court denies citizen scientist’s fight for B.C. bird habitat access

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Court denies citizen scientist’s fight for B.C. bird habitat access
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Legal battle over Fairy Creek highlights clash between industry and threatened species

A citizen scientist studying threatened bird species in a vast Vancouver Island forest has encountered another hurdle in her efforts.

According to court documents, Petrell argued that Teal Cedar Products Ltd.’s construction of 10 gates, with approval from the forest minister, significantly hampered her ability to conduct research on threatened bird populations within the forest. Public access to roads on land for non-industrial purposes is generally a right. Still, the Forest and Range Practices Act allows for limited exceptions. Protecting public safety and property is one exception.

“We expect that decisions to restrict access going forward will continue to be assessed for reasonableness, and public access will be restored when safety concerns are no longer significant to require these measures.”

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