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

Alberni’s McLean Mill Society looking for a new direction

Society held a public input meeting at historic site

VIDEO: Man extracted from vehicle eight hours after accident near Cameron Lake

People making pit stop at picnic area made crash discovery

Person extracted from vehicle accident in Cameron Lake

A person has been extracted today from a reported vehicle accident in… Continue reading

Seeing double, the trials and tribulations of twins

BIG READ: Three Vancouver Island mothers share their experiences with multiple births

Learn about Port Alberni’s mayoral candidates with new film series

Alberni Valley filmmaker Dallas Dalziel discusses key issues with candidates

Environment Canada confirms Ottawa area hit by two tornadoes Friday

At one point more than 200,000 hydro customers were blacked out

Emergency crews investigate small sulphuric acid spill near Trail

IRM states a small volume of less than one cup and three dime-sized drips were leaked from carrier

Family, friends of B.C murder victim want killer sent back to max security facility

Group wants convicted murderer Walter Ramsay sent back to a maximum security facility

B.C. VIEWS: Looking under the hood of ICBC’s war on crashes

Is our accident rate really soaring, or is it inefficiency?

B.C. tent city residents have three weeks to clear out: Supreme Court

Fire risk, criminal activity in neighbourhood cited as reasons for judgment

Coaches, players on Alberta university rugby team buckle up for the Broncos

16 people died when Humboldt Broncos bus collided with a semi-truck in rural Saskatchewan

The Vatican ‘owes God an apology,’ activist says in letter to Pope Francis

Letter came after a report on sexual abuse of more than 1,000 children in six Pennsylvania dioceses

Lions earn stunning 35-32 OT win over Ticats

Epic comeback lifts B.C. past Hamilton in CFL thriller

Most Read