Lemay Forest chainsawed without required pileated woodpecker survey 
 

WINNIPEG / TREATY 1 TERRITORY AND HOMELAND OF THE MÉTIS NATION — Trees are being cut down in the Lemay Forest in southern Winnipeg this morning in brazen disregard of the federal Migratory Birds Convention Act. Owner Mazyar Yahyapour and developer John Wintrup authorized the cutting on  property that has been proposed for a new protected area in the St. Norbert region of Winnipeg. Court affidavits released yesterday afternoon show that the developer ignored a request from the federal Canadian Wildlife Services for a search of the property for woodpecker nest cavities before any tree cutting.  

“It’s outrageous and unacceptable for the developer and owner to ignore federal nature protection laws and then try and use the law to go after concerned citizens trying to preserve the forest,” said Eric Reder. “This seems like a pure villain story.”

The City of Winnipeg issued the permits for the cutting, but the requirements for a survey of pileated woodpecker cavities have not been met. The Wilderness Committee is calling on the City of Winnipeg to rescind these permits, which violate federal law.

“The law on cavity protection for pileated woodpeckers is very clear, and court documents filed by the owner and developer show they were made aware of the law. Profiteering developers cannot be above the law,” Reder said.

The property in question has been proposed as an addition to the city park system, but a generous offer to purchase the property for the purpose of conservation was rejected by the developer. The owner’s plans to develop a private health care facility on the property have already been rejected by the city. The current tree cutting serves no development purpose, and will only reduce the value of property and the amount of money the owner may get when it is eventually turned into parkland.

“If your development plan was rejected, but you still go to court for the right to cut down trees you may be acting in bad faith,” said Reder.

The Wilderness Committee is calling on four levels of government to bring an end to the destruction of this forest and add this to our protected areas as soon as possible.

“The City of Winnipeg, the province of Manitoba and the federal government have all formally signed on to international goals for preserving biodiversity. We’re required to protect 30 per cent of the lands and waters by 2030. Now is the time to act,” said Reder.

For more information, please contact:

Eric Reder | Wilderness and Water Campaigner
204-997-8584, eric@wildernesscommittee.org

Background Information:

Link to affidavit which includes email from Riley Black of the federal government asking for a sweep of the forest ahead of  tree cutting and a response email that doesn’t indicate a sweep was conducted (pp. 170-172). 

Migratory Bird Regulations
https://www.canada.ca/en/environment-climate-change/services/avoiding-h…
According to the newest regulations introduced in July 2022, a pileated woodpecker cavity must be left alone for 36 months after discovery to prove it is unoccupied. It is the most stringent protection.