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

Two wildfires burning near Golden

Two wildfires are burning in the Golden area, started last night due… Continue reading

Golden dolphins make a splash

Submitted There were 160 swimmers representing seven different teams from all over… Continue reading

Youngblood and Astrocolor play back to back

If you can believe it, the Golden Sound Festival is only two… Continue reading

Campfire bans possible as woods become drier

It is the time of year when summer starts to get really… Continue reading

Golden Seniors’ Centre gets beautification upgrades

The Golden and Region seniors’ Centre is taking on a new look,… Continue reading

Through your lens: Okanagan wildfires

Check out some of the captivating images and video from social media of the wildfires

BC Games: Opening Ceremony from Laketown Ranch

Hundreds of athletes and thousands of volunteers, coaches, parents and officials

World’s translators push back on forcing Trump interpreter to testify

Democrats had asked translator to testify about Trump’s lengthy conversation with Putin in Helsinki

No decision on B.C. school stabbing suspect’s mental fitness for trial

The BC Review Board could not determine whether Gabriel Klein, 21, is fit to stand trial

Canadian government threatens to retaliate if Trump imposes auto tariffs

U.S president had suggested that auto imports pose a national security risk to the U.S.

Wildfire evacuation order forces bride to search for new wedding venue

Fitzpatrick Family Vineyards is under an order due to the Mount Eneas wildfire south of Peachland

Recent online kitten abuse video raises serious social media questions

UBC and UFV profs weigh in on the subject of online sharing, shaming, and our digital landscape

UPDATED: ICBC fights back against claims that it’s ‘ripping off’ B.C. RV drivers

Canadian Taxpayers Federation is urging the provincial government to open up ICBC to competition

Summerland issues State of Local Emergency in response to wildfire

Two homes under evacuation order; evacuation alert remains in place as result of wildfire

Most Read