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

Hot Royals down Tritons to stay unbeaten

Strong pitching helps senior Royals to an impressive 6-0 start in 2018 BCPBL season

Parksville-Qualicum MLA questions minister over homeless housing project

Stilwell seeks clarification in response to community opposition

Emergency preparedness expo coming to Qualicum Beach Saturday

Experience an 8.0-magnitude earthquake in Shake Zone simulator

Parksville author reeling in reluctant readers

Jocelyn Shipley’s latest book meant to engage teens who don’t yet love to read

Qualicum Beach rain garden receives award

Green project honoured by Vancouver Island Real Estate Board awards

Qualicum Beach Streamkeepers showcase project on Earth Day

Viewing platform, gathering circle dedicated to environmental champion

Parksville resident interrupts break and enter

Two reported break and entries on Gaetjen Street

NAFTA talks hold Foreign Affairs Minister in Washington, substitute heads to NATO summit

NAFTA talks keeping Foreign Affairs Minister Chrystia Freeland, sends substitute to NATO summit

Britain gives long-lost Franklin expedition ships to Canada, Inuit

Deeds to HMS Erebus and HMS Terror signed over to Canada and Inuit Heritage Trust

Grief over deadly Toronto van attack sinks in

Three days after rampage, people still gathering at memorial to lay flowers and honour victims

Liberals urged to tax e-commerce services like Netflix

Trudeau has been adamant that his government wouldn’t increase taxes on online subscriptions

Why some B.C. daycares didn’t opt in to subsidy program

Deadline passes for program aimed at laying foundation for universal child care

Charges follow collisions between pickup and police vehicles in Nanaimo

Majore Jackson, 32, and Andrew John Bellwood, 47, from Nanaimo, face numerous charges

Most Read