KM: Seeks criminal contempt charges against protesters

[Oscar]

Kinder Morgan seeks criminal contempt charges against land and water defenders

[ https://canadians.org/blog/kinder-morga ... -defenders ]

April 10, 2018 - 10:02 pm

(PHOTO: NDP MP Kennedy Stewart and Green Party leader Elizabeth May on Burnaby Mountain to #StopKM and #ProtectTheInlet.)

Texas-based Kinder Morgan, the transnational corporation behind the 890,000 barrel per day Trans Mountain tar sands pipeline, is seeking criminal contempt charges against land and water defenders arrested for taking bold action on Burnaby Mountain to defend Indigenous rights, protect the Burard Inlet and stop climate change.

The transnational is even taking aim at two elected Members of Parliament - Green Party leader Elizabeth May and the NDP MP for Burnaby South, Kennedy Stewart.

A court appearance was held on Monday April 9 for about 25 people arrested on Burnaby Mountain, including May and Stewart.

Another hearing for another group of those arrested is reportedly set for June 6. Between March 17 to 24, more than 170 people were arrested by the RCMP for trying to stop Kinder Morgan from proceeding with tree cutting at the terminal.

Yesterday, Kinder Morgan asserted in court, "The respondents’ conduct satisfies not only the test for civil contempt, but also the test for criminal contempt in that they each engaged in a deliberate, public and flagrant violation of the injunction order. May and Stewart’s contempt is exacerbated by the fact they are elected officials (and in May’s case a lawyer) and ought to serve as role models that uphold the rule of law.”

Maureen Killoran, counsel for Trans Mountain, adds, "The injunction order from the perspective of Trans Mountain is meaningless. It is a circus on site, and the court must take steps to protect the rule of law."

The judge who issued the injunction order against protests within 5 metres of the terminal - who is also presiding over this decision - appears to agree.

The Vancouver Sun reports, "Last month, B.C. Supreme Court Justice Kenneth Affleck issued the injunction restricting protests at Kinder Morgan’s controversial Trans Mountain Pipeline Expansion Project in Burnaby. On Monday [April 9], the judge told the protesters and their lawyers that he believes the accused are facing the more serious criminal rather than civil-contempt-of-court proceedings and should be dealt with by the B.C. Prosecution Service rather than by the company."

That article adds, "A lawyer for the B.C. Prosecution Service told the judge that he understood the position the court was articulating, but added that there was some overlap between civil- and criminal-contempt proceedings, and that it was possible to prosecute civilly for contempt of an injunction. The judge repeated that in his view the alleged conduct was criminal, not civil contempt."

The Canadian Press reports, "Trevor Shaw, a lawyer for the B.C. Prosecution Service, told the judge it would carefully consider a referral of the case from the court and report back 'on what we see as the next steps that are viable and appropriate'." Burnaby Now adds, "The judge recommended a one-week break, with a response from the B.C. Prosecution Service on whether it will proceed with criminal charges expected at that time."

That report-back is expected to happen on Monday April 16.

The Council of Canadians celebrates the actions of the land and water defenders and rejects the notion that they should be charged with a criminal offence.


Brent Patterson's blog
Political Director of the Council of Canadians
[ https://canadians.org/blogs/brent-patterson ]

[Oscar]

Land and water defenders who blocked Kinder Morgan terminal now facing criminal contempt charges

[ https://canadians.org/blog/land-and-wat ... l-contempt ]

April 19, 2018 - 1:23 pm

(PHOTO: The 890,000 barrel per day Kinder Morgan tar sands pipeline is a climate crime.)

The Council of Canadians stands with the more than 150 people now facing criminal contempt charges for blocking the Kinder Morgan terminal in Burnaby in defence of the climate, water and Indigenous rights.

StarMetro Vancouver reports, "In Vancouver, people arrested for breaking a court-ordered injunction while protesting in front of Kinder Morgan’s Burnaby Mountain tank farm are now facing criminal — rather than civil — contempt of court charges. ...The B.C. Prosecution Services took over the cases after Supreme Court Justice Kenneth Affleck recommended last week that criminal charges be brought against the people facing charges for disregarding a court-ordered injunction banning protesters from being within five metres of Trans Mountain’s worksites."

It also notes, "Special prosecutors have been appointed to address the cases against Green Party Leader Elizabeth May and NDP MP Kennedy Stewart and determine whether the actions of the two members of Parliament amount to criminal contempt of court."

The National Observer highlights in its report on an initial court hearing yesterday that, "Defendants were registered with the court. A procedural process followed which was focused on scheduling future court dates. Some must return April 23 for a case conference and another appearance on April 30 may hear guilty pleas."

Amnesty International Canada Secretary General Alex Neve has commented, “The protests against the Kinder Morgan pipeline are clearly an act of conscience, motivated by a concern for our common environment and the rights of others. This, not the defiance of the court injunction, should be the determining factor in deciding upon the appropriate response."

Amnesty International notes, "The right to peaceful protest is an internationally recognized and protected human right, enshrined in numerous international human rights treaties binding on Canada. All governments and all authorities in Canada are obliged to uphold this essential right, which can and should only be restricted when absolutely necessary. Enforcement of any such restrictions should avoid criminalization except where the actions of protesters have endangered lives or property."

The Vancouver Sun has reported, "The first trial is scheduled for May 7 for 10 protesters arrested on March 17."

Dylan Mazur of the British Columbia Civil Liberties Association has written "it is difficult to pre-determine what a sentence may be for a conviction of criminal contempt of court" but noted that in the past sentences have included custodial sentences (jail time) of 30-45 days, fines of $1,000 to $1,500, or suspended sentences.

#StopKM

Brent Patterson's blog
Political Director of the Council of Canadians
[ https://canadians.org/blogs/brent-patterson ]