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

Chemainus Thrift Shop undergoing renovations to improve efficiency

Customers won’t see more room for goods, but office space and storage an important focus

Cowichan 49ers grab masters title

A four-goal effort against Saanich Fusion Forest on Saturday evening paid off… Continue reading

North Cowichan looks to keep tax increase below 3%

Finance team asked to find ways to drop increase to 2.95%

Caps bow out after back-to-back overtime losses

Wenatchee Wild eliminate Cowichan from playoffs

Cowichan-Malahat-Langford constituents on board with national clean energy plan

Energy systems in Canada are currently responsible for 80 per cent of the country’s GHGs

VIDEO: RCMP reveal five kids hit in deadly B.C. crash

The children range in age from six to 17.

British Columbians are paying more for booze but also broccoli

Victoria’s inflation was 2.3 per cent, a tick above Vancouver’s of 2.2 per cent

Island Health announces funding for 52 projects on Island

$750,000 will go to fund these projects

UPDATED: Three dead in Surrey crash: police

Single-vehicle crash occurred around 10:30 a.m., police remain on-scene

Eviction halted for B.C. woman deemed ‘too young’ for seniors’ home

Zoe Nagler, 46, had been given notice after living in the seniors complex in Comox for six years

Is it a homicide? B.C. woman dies in hospital, seven months after being shot

Stepfather think Chilliwack case should now be a homicide, but IHIT has not confirmed anything

Coroner’s inquest announced for Victoria teen’s overdose death

Elliot Eurchuk was 16 years old when he died of an opioid overdose at his Oak Bay home

Military officer accused of sexual misconduct, drunkenness in B.C., Alberta

Warrant Officer Jarvis Kevin Malone is charged under the National Defence Act

Stranger climbs onto B.C. family’s second-floor balcony, lights fire in barbecue

Incident in Abbotsford terrifies family with two-year-old boy

Most Read