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.

Just Posted

Young Chilliwack girl raises more than $1,000 for family devastated by fire

Elementary school student’s $20 donation snowballs with matching funds

‘Fleet-footed’ Chilliwack Mountie catches B&E suspect in the act

Prolific thief David Stephen Wilgosh was already out on bail for a 2017 B&E

Transportation Plan for Chilliwack soon to be hot off the presses

The in-depth plan spans 17 chapters covering all the transportation-related challenges and projects

Chilliwack hockey fans, community, gather to pay tribute to Humboldt Broncos

Hundreds take part in Chilliwack Chiefs event at Prospera Centre

Crash closes Highway 1 near No. 3 Road

Both eastbound and westbound lanes affected

Unofficial “Mayor of Downtown Chilliwack” honoured by MLA in legislature

Harold Zinke has worked for 19 years to keep Chilliwack’s streets clean and events running smoothly

B.C. towns rank in top honeymoon destination worldwide

Vernon, Kaslo, Sunshine Coast and the Island hit Expedia.ca’s list of top 18 honeymoon destinations

Olympic gold now official for B.C. weightlifter

Christine Girard’s bronze medal from 2012 Olympics upgraded to gold, IOC announces

Men arrested at Starbucks say they feared for their lives

Rashon Nelson and Donte Robinson were arrested in a Philadelphia Starbucks, becomign viral video

Did a Canadian shoot down the Red Baron? A century later, debate hasn’t quit

Om April 21, 1918 two Canadians in their canvas-covered Sopwith Camel biplanes engaged the enemy

VIDEO: Canadian teen lands invite to Royal wedding

Prince Harry and Meghan Markle have invited Faith Dickinson, founder of Cuddles for Cancer

B.C. liquor server wage to be phased out by 2021

Piece work pay for farm workers rises, but stays in place for now

Vancouver Whitecaps sign 16-year-old B.C. player

Grade 10 student from Langley joins MLS club

VIDEO: Family asks for help finding remains of Surrey man missing for 10 years

Police suspect foul play in Kellen McElwee’s disappearance a decade ago

Most Read