Winnipeg Free Press

Winnipeg Free Press (Newspaper) - January 10, 2025, Winnipeg, Manitoba FRIDAY JANUARY 10, 2025 ● ASSOCIATE EDITOR, NEWS: STACEY THIDRICKSON 204-697-7292 ● CITY.DESK@FREEPRESS.MB.CA ● WINNIPEGFREEPRESS.COM SECTION B CONNECT WITH WINNIPEG’S NO. 1 NEWS SOURCE ▼ CITY ● BUSINESS Private prosecution filed against landowner, planner Rare legal step in Lemay Forest fight ERIK PINDERA A GROUP fighting to save Lemay For- est from development has taken the rare step of filing for a private prosecu- tion against the landowner and planner, alleging the removal of trees on the land — where a graveyard once stood — violates provincial cemetery legis- lation. The developer also took new action Thursday, filing a notice of motion that seeks to have the Court of King’s Bench find a spokeswoman for the opposition group, Louise May, in contempt of an interim injunction order issued last week — and to compel her to terminate the private prosecution. The injunction order has barred pro- testers from impeding the owner’s ac- cess to the land, though they’ve been al- lowed to remain on adjacent city-owned property. Politicians from all three levels of government have been drawn into the fray, while the Manitoba Habitat Conservancy made a public offer for about $5.25 million to buy the St. Nor- bert-area land, but the developer has said that’s too low a figure for the land’s $8 million market value. Tochal Development Group has sought approval to build a large assist- ed-living facility. Winnipeg city coun- cil rejected the plan, but the developer intends to appeal the decision before the provincial government Municipal Board in February. Some area residents have fought to preserve the trees in the forest amid concerns about protecting potential un- marked graves of Métis children and others in a former Catholic orphanage that used to stand on the site. The project planner and the de- veloper’s lawyer said the group has conducted extensive consultation and worked on protecting the area where the cemetery is thought to have been with buffer zones. May, a spokeswoman for the Coali- tion to Save the Lemay Forest, filed an information in provincial court Wed- nesday, alleging project planner John Wintrup and landowner Mazyar Yahya- pour committed a provincial offence by cutting trees contrary to the Cemeter- ies Act that same day. May and lawyer Ian Histed also filed summons, ordering the two men to at- tend a court date in February. “They can be arrested now,” said May. Private prosecutions involve an indi- vidual — rather than authorities such as police or the Crown — with evidence of reasonable and probable grounds asking the court to lay a charge against a person they believe committed an of- fence. Under provincial Department of Jus- tice policy, Crown attorneys must as- sess private prosecutions to determine if there’s a reasonable likelihood of conviction and if continuing it would be in the public interest before it proceeds through court. Kevin Toyne, a lawyer for the de- veloper, said he expects Crown pros- ecutors would quash the private pros- ecution as baseless. “There’s no reasonable prospect of conviction, so I would expect that’s what will take place here,” said Toyne. Toyne said the developer has been conducting consultations on the cem- etery issue for four years. “There were extensive consultations with the provincial archaeologist and the Historic Resources Branch,” said Toyne. “The landowner retained an expert to prepare a heritage resource protection plan.” Histed argued in court Monday the whole of the land, not just buffer zones set up by the developer, should be con- sidered as containing potential un- marked graves. Toyne said cemeteries are technical- ly defined in the law, requiring the land to be set apart for the purpose. “The Historic Resources Branch isn’t taking the position that all of the land is a cemetery, and the reason why is that technical definition,” said the lawyer. ● LEMAY, CONTINUED ON B2 Ads coming to a backseat near you H OPPING into a taxi or Uber in Winnipeg might bring you face- to-face with digital advertise- ments in the near future. The city’s public works committee voted to approve amendments to the vehicles for hire by-law Thursday to al- low taxis, limousines and drivers with ride-hailing services like Uber or Lyft to display digital advertising to riders. While department manager Grant Heather said Winnipeg would be one of the first Canadian cities to bring in a digital ad program, the move will fol- low U.S. cities like New York City and Las Vegas, where ads are played on tab- lets fastened to the backs of seats. “It’s really about providing an option for another revenue stream for that driver and vehicle owner,” he said at Thursday’s meeting. “You’ve got a bit of a captive audience … there’s an oppor- tunity there.” Regulations for the bylaw still need to be hammered out before the change can begin, including rules on the size of tablets, guidelines for content, and planning how the tablets are installed to ensure safe use and prevent them from being regularly broken. The tablets wouldn’t just be used to sell ad space, Heather said. They could be used to share GPS informa- tion, emergency alerts and resources for tourists — he suggested vehicles picking up passengers from the airport could place a welcome message from the mayor on their tablet as an example. “The content has to (be in) good taste, has to be something that would be con- sidered to the public good,” he said. “(And) the technology allows for in- terruption of that so that the police can push out Red Dress Alerts, Amber Alerts, Silver Alerts, things like that, notifications of things that people need to know.” The vehicle-for-hire companies would be responsible for selling ad space, and the city would ensure those regulations are being met through an inspection and complaint-based system. Coun. Ross Eadie (Mynarski) voted in favour of the change but stressed the ads must be accessible for passengers, including the ability to turn off ads. “If I’m in my taxi on my way here to city hall, I’m listening to my phone because I’m catching up on what’s go- ing on, starting my day,” Eadie, who is legally blind, said. “I don’t want to hear that crap … I guess it’ll (need) assist- ance to turn it off.” The tablets would be mutable by driv- ers and passengers, Heather said. Digital advertising in vehicles for hire hasn’t always been received posi- tively in other cities. In New York City, while taxis have long had digital ads, city council overturned a ban on digital ads in ride-hailing vehicles in 2024. A Wall Street Journal article from April described taking an Uber or Lyft in the city as “one of the few ways that locals and tourists alike could escape the relentless creep of digital video ad- vertising” and said a 2011 survey from the New York City Taxi and Limousine Commission found nearly a third of 22,000 residents described the Taxi TV program as their least favourite part of the cab experience. Public works also approved changes to some fines for rule-breaking person- al transportation providers, including $1,000 fines for breaking incoming digital advertising guidelines, and re- ducing some fines from $1,000 to $500. Drivers who negotiate fares in excess of what should be charged and charge outside of the company’s fare sched- ule will be hit with a $500 ticket with a $250 early payment discount, instead of $1,000 with a $500 early payment discount. Failing to operate the meter when a negotiated fare is in place will warrant a $250 ticket, rather than a $1,000 ticket with a $500 early payment discount. Heather said the change was made for “more minor” offences. The report with the proposed amend- ments goes to council’s executive policy committee to be voted on next. malak.abas@freepress.mb.ca Taxis, limos, ride-hailing vehicles step closer to playing messages for riders MALAK ABAS RUTH BONNEVILLE / FREE PRESS ALL THAT GLITTERS IS STILL COLD The Wave Show Technologies crew set up a disco ball Thursday at Assiniboine Park’s Riley Family Duck Pond for the three-day We Are Winter event. Among the free activities at this inaugural all-ages outdoor event are a live music ’80s-theme ski and skate party featuring drag perform- ances, outdoor sports lessons and equipment rental, and a sing along to the movie Frozen projected on a screen across the pond. Runs tonight 4-8 p.m., and Saturday and Sunday noon to 8 p.m. More at assiniboinepark.ca/events. Crown seeks 13-year sentence for beer store slaying PROSECUTORS are seeking a 13-year prison sentence for a man who admits stabbing another man to death during a melee outside a strip club beer vendor. Cecil Vance Roulette, 39, stood trial last fall for second-degree murder in the September 2022 death of Enri- que George Courchene, but was found guilty by a jury of the lesser offence of manslaughter. Two co-accused — Jade Allen Dumas and Calvin Harvey Maytwayashing — stood trial on the same charge and were acquitted. Much of the evidence against the three accused hinged on security video capturing the killing outside the Lip- stixx strip club beer vendor on Arling- ton Avenue. Prosecutors had argued Courchene was stabbed after coming to the aid of his brother, who was involved in an unprovoked dispute with the three ac- cused. “This was closer to murder than an accident,” Crown attorney Julia Ne- grea told King’s Bench Justice Gerald Chartier at a sentencing hearing Thurs- day. Security video showed Courchene, 29, arriving at the vendor with his brother Ernesto Courchene around 1:10 a.m., the same time as the three accused. The two groups appeared to be get- ting along, even laughing together, but when Ernesto and the three accused proceeded outside, the mood changed, Negrea said. “Then, for no visible reason (Dumas) punched Ernesto in the face, knocking him to the ground,” she said. The sec- urity video shows Roulette stepping in and “escalating” the dispute by pulling out a knife and cutting a chain from Ernesto’s neck. That’s when Enrique ran to his broth- er’s aid and wrestled Roulette to the ground. Roulette turned his knife on Enrique, stabbing him seven times in the chest. The two groups separated and Enri- que made it to the passenger door of his truck before Roulette stabbed him two more times in the leg and walked away, “leaving him to die,” Negrea said. “There is nothing accidental about going out armed with a knife large enough to penetrate 16 centimetres into somebody’s body, there is nothing acci- dental about jumping into a fight that didn’t involve you, turning it into a two- on-one and making sure that things got worse,” she said. Defence lawyer Pam Smith urged Chartier to consider a sentence of no more than five years, arguing Courch- ene and his brother had been “postur- ing” about their membership in the Manitoba Warriors and Roulette feared they were armed with a gun. Court was provided more than 20 victim impact statements describing Courchene as a kind, compassionate, family-oriented man who was looking forward to buying his first house. Chartier will sentence Roulette on Jan. 22. dean.pritchard@freepress.mb.ca DEAN PRITCHARD ;