Green Party of Canada Leader Elizabeth May was arrested at Kinder Morgan’s terminals in Burnaby on March 23. (File)

Elizabeth May, other anti-pipeline protesters should be criminally charged: judge

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 were arrested with nearly two dozen others on March 23 for violating a court injunction that required them to stay five metres from Kinder Morgan’s two terminal sites on Burnaby Mountain where crews were working on the Trans Mountain pipeline expansion.

Work was suspended on Sunday, when Kinder Morgan officials said they were halting all “non-essential” construction, citing the B.C. government’s opposition to the project.

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

“As a matter of law, the conduct alleged is criminal contempt,” 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.

“These 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.”

Kinder Morgan’s legal counsel Maureen Killoran told Affleck the company had filed civil charges in an attempt to bring the case to the court’s attention, but was happy to have them converted to criminal ones.

“This is not a dispute between the respondents and Trans Mountain, it is a dispute between the court and the respondents,” Killoran said.

Addressing the gallery, Affleck made it clear that his forthcoming judgment was not a “moral” judgment on Trans Mountain.

“These 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?” Affleck said.

“This trial is not about whether the work done by Trans Mountain or Kinder Morgan is lawful or environmentally wise.”

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 pipeline’s capacity to 890,000 barrels a day.

Protest continue outside of court

Speaking after her court date, May said Kinder Morgan’s decision to halt work was simply “political maneuvering.”

She said that the “artificial deadline” of May 31 was intended to increase pressure on the B.C. government.

“We have a strong case that this project is not in the national interest,” May said.

“The Kinder Morgan project is one… to ship a product for which there isn’t a market.”

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 she’d 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.

“I am just out here today supporting those arrestees who are inside,” the Surrey resident said.

Povah believes the pipeline expansion is bad for B.C. because of “the climate change issue, the risk to B.C. of a pipeline leak or a tanker collision or grounding.

“I’m concerned about the marine environment, most notably the orcas,” Povah said.

“We’ve got 76 resident orcas remaining, and they should not be put at risk.”

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


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Homemade explosives detonated in South Surrey

Police asking public for help identifying those responsible

White Rock highrise on hold after workers exhibit ‘severe’ overexposure symptoms

WorkSafeBC issued stop-work order at 1588 Johnston Rd. site on July 24

More than 50,000 checks: Surrey COVID-19 compliance, enforcement team’s role has ‘evolved’

Joint bylaw, RCMP team created to help with coronavirus education, support

White Rock’s top cop calls for ‘healthcare led intervention model’

Review aims for better understanding of crime related to mental health, substance use

Surrey man found guilty in West Kelowna killing of common-law spouse

Tejwant Danjou was convicted of second-degree murder in the July 2018 death of Rama Gauravarapu in West Kelowna

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Expected fall peak of COVID-19 in Canada could overwhelm health systems: Tam

National modelling projections released Friday show an expected peak in cases this fall

Hundreds of sea lions to be killed on Columbia River in effort to save endangered fish

Nearly 22,000 comments received during public review were opposed, fewer than 200 were for

B.C.’s fuel suppliers to publish prices to provide accountability: minister

Bruce Ralston says move will ensure industry publicly accountable for unexplained prices increases

Roots and Blues online festival live tonight on Black Press Media

Tune in to Black Press Media to watch the festival live Aug. 14, 15 and 16

Man suffers serious injuries in bear attack in remote area near Lillooet

It was deemed a defensive attack, no efforts were made to locate the animal

Missed rent payments because of COVID-19? You have until July 2021 to pay up

Each monthly instalment must be paid on the same date the rent is due

U.S.-Canada pandemic border restrictions extended into September

‘We will continue to keep our communities safe,’ says Public Safety Minister Bill Blair

578 British Columbians currently infected with COVID-19

Seventy-eight new cases confirmed in past 24 hours

Most Read