Federal Green Party Leader Elizabeth May, centre, is arrested by RCMP officers after joining protesters outside Kinder Morgan’s facility in Burnaby, B.C., on Friday March 23, 2018. (Darryl Dyck/The Canadian Press)

Elizabeth May, other anti-pipeline protesters to be criminally charged

Crown will take over the contempt charges initially filed by Kinder Morgan

Crown counsel announced Monday it will pursue criminal charges against Green Party of Canada Leader Elizabeth May, Burnaby-South MP Kennedy Stewart and dozens of other anti-pipeline protesters.

This follows their arrests on March 23 for violating a court order to stay away from Kinder Morgan’s Trans Mountain pipeline work sites in Burnaby.

Work was eventually suspended, on April 8, when Kinder Morgan officials said they were halting all “non-essential” construction largely because of the B.C. government’s opposition to the project.

Last Monday, B.C. Supreme Court Justice Kenneth Affleck told Crown lawyer Trevor Shaw that violating the court injunction was a criminal, and not civil, matter.

Two special prosecutors have been appointed to handle two higher-profile cases.

Vancouver lawyer Greg DelBigio will handle May’s case and Vancouver lawyer Michael Klein will take over Kennedy Stewart’s case. The pair were appointed to avoid any bias, real or perceived, in the case.

Neither May nor Kennedy were in court Moday and their matters will be handled separately. They will make their next court appearance on April 30.

Court process ‘too fast to be fair’

Multiple defence lawyers for the other arrestees cautioned the judge that the schedule presented – with trials to start on May 7 – might be too rapid to be fair.

“We’re pushing back a bit on the sense of urgency,” said one. “I’m not sure this sense of urgency exists.”

Affleck told defence counsel that although he understood that the sheer number of people charged “imposed layers of complexity” on the trials, he was prepared to move as quickly as possible.

Shaw said that his team would work on a process for handling additional arrests as protests at the Trans Mountain site continue.

So far, Kinder Morgan has begun legal proceedings against 167 people and the company’s legal counsel Maureen Killoran said that 124 have been served either personally or have contacted the company after receiving a notice at their residence.

Speaking after court, Crown spokesperson Dan McLaughlin said that all 167 would be served with notice of pending criminal charges.

However, multiple accused protested the notion that they had been properly served.

One woman told the judge that her notice to appear was dropped off on her Victoria doorstep the night before her court date.

“What kind of operation is this?” she asked, sparking applause in court.

Affleck acknowledged that showing up for what has turned into a weeks-long process was difficult for the accused.

“But there’s something very important going on… and that is whether orders of this court can be disobeyed with impunity. And the answer is that they can’t.”

More to come.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Minor basketball cancels Grade 9/10 division for 2018-2019 season

PRMBA president said the association still needs volunteers for active divisions

Vopak expects 240 liquid gas-by-rail cars per day

North Coast residents can learn more about the Ridley Island-based project at the open houses

Bantam Seawolves looking to improve after exhibition loss

The Seawolves fell to the Terrace Kermodes 6-3 in pre-season action on Sept. 22

Open market connects Rupert vendors with tourists

An outdoor market was held in Cow Bay on Sept. 22 to help promote local artisans

BC Ale Trail adds Northern Trail to its repertoire

Breweries in Prince Rupert, Terrace to Valemount featured in new tourism initiative

Cops for Cancer complete 850 km ride in Prince Rupert

Bike fundraiser collected $195,400 for cancer research in 2018

Delivering the paper as a family

The Northern View is looking for newspaper carriers in Prince Rupert, join our team today

Harvest Moon to light up B.C. skies with an ‘autumn hue’

It’s the first moon after the autumn equinox

Hockey league gets $1.4M for assistance program after Humboldt Broncos crash

Program will help players, families, coaches and volunteers after the shock of the deadly crash

Canada has removed six out of 900 asylum seekers already facing U.S. deportation

Ottawa had said the ‘overwhelming majority’ had been removed

Appeal pipeline decision but consult Indigenous communities, Scheer says

The federal appeals court halted the Trans Mountain expansion last month

B.C. electric vehicle subsidy fund drains faster than expected

Province adds another $10 million to incentive fund

‘I’ll never forgive you:’ Victim impact statements at hearing for Calgary killer

Curtis Healy was found guilty of first-degree murder Friday in the death of Dawns Baptiste.

Most Read