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Judge says anti-pipeline protesters, including Elizabeth May, should face criminal contempt charges

Green Party of Canada leader and others appear in B.C. Supreme Court after arrests three weeks ago

Green Party of Canada Leader Elizabeth May and Burnaby-South NDP MP Kennedy Stewart may be facing criminal contempt of court charges following an appearance at B.C. Supreme Court in Vancouver Monday.

The pair with nearly two dozen others on March 23 for violating a court injunction that required them to stay five metres from Kinder MorganB次元官网网址檚 two terminal sites on Burnaby Mountain where crews were working on the Trans Mountain pipeline expansion.

Anti-pipeline protestors host a drum circle in front of the B.C. Supreme Court in Vancouver Monday. (Katya Slepian/Black Press)

Work on Sunday, when Kinder Morgan officials said they were halting all B次元官网网址渘on-essentialB次元官网网址 construction, citing the B.C. governmentB次元官网网址檚 opposition to the project.

B次元官网网址淎s a matter of law, the conduct alleged is criminal contempt,B次元官网网址 Justice Kenneth Affleck told lawyer Trevor Shaw, who was representing the attorney general of B.C., in regards to the 25 people awaiting charges on Monday.

B次元官网网址淭hese are matters of public importance in which the attorney general ought to intervene and take over. They ought not to be left in the hands of Trans Mountain.B次元官网网址

Kinder MorganB次元官网网址檚 legal counsel Maureen Killoran told Affleck the company had filed civil charges in an attempt to bring the case to the courtB次元官网网址檚 attention, but was happy to have them converted to criminal ones.

B次元官网网址淭his is not a dispute between the respondents and Trans Mountain, it is a dispute between the court and the respondents,B次元官网网址 Killoran said.

Addressing the gallery, Affleck made it clear that his forthcoming judgment was not a B次元官网网址渕oralB次元官网网址 judgment on Trans Mountain.

B次元官网网址淭hese trials are limited to the issue if there has been criminal contempt of court; has there been public defiance of an order of this court?B次元官网网址 Affleck said.

B次元官网网址淭his trial is not about whether the work done by Trans Mountain or Kinder Morgan is lawful or environmentally wise.B次元官网网址

Errol Povah had some choice words for Prime Minister Justin Trudeau and Alberta Premier Rachel Notley in front of B.C. Supreme Court in Vancouver Monday. (Katya Slepian/Black Press)

The judge recommended a one-week break, with a response from the attorney general expended next Monday morning.

All 25 accused were free to go but are to be taken into custody if they contravene the conditions of their release, including any illegal activity or future protests.

If it were to go ahead, the twinned pipeline would transport oilsands crude from central Alberta to the terminals in Burnaby and triple the pipelineB次元官网网址檚 capacity to 890,000 barrels a day.

Protest continue outside of court

Speaking after her court date, May said Kinder MorganB次元官网网址檚 decision to halt work was simply B次元官网网址減olitical maneuvering.B次元官网网址

She said that the B次元官网网址渁rtificial deadlineB次元官网网址 of May 31 was intended to increase pressure on the B.C. government.

B次元官网网址淲e have a strong case that this project is not in the national interest,B次元官网网址 May said.

B次元官网网址淭he Kinder Morgan project is oneB次元官网网址 to ship a product for which there isnB次元官网网址檛 a market.B次元官网网址

May spoke in favour of building more refineries in Alberta in order to refine their bitumen instead of shipping raw product out west.

Asked if May had spoken to Alberta Premier Rachel Notley about her proposal, May said that they had one short talk but that sheB次元官网网址檇 been unable to secure a full meeting.

Errol Povah was one of the 25 people arrested on March 23. He stayed outside the courtroom, he said, because his order to appear is only for June 6.

B次元官网网址淚 am just out here today supporting those arrestees who are inside,B次元官网网址 the Surrey resident said.

Povah believes the pipeline expansion is bad for B.C. because of B次元官网网址渢he climate change issue, the risk to B.C. of a pipeline leak or a tanker collision or grounding.

B次元官网网址淚B次元官网网址檓 concerned about the marine environment, most notably the orcas,B次元官网网址 Povah said.

B次元官网网址淲eB次元官网网址檝e got 76 resident orcas remaining, and they should not be put at risk.B次元官网网址

Anti-pipeline protestors host a drum circle in front of the B.C. Supreme Court in Vancouver Monday. (Katya Slepian/Black Press)


katya.slepian@bpdigital.ca

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