Burnaby-South NDP MP Kennedy Stewart and federal Green Party leader Elizabeth May could face criminal contempt charges for violating a court injunction while protesting Kinder Morgan’s Trans Mountain pipeline expansion last month.
May and Stewart were among nearly two dozen protesters arrested March 23 for violating a court injunction banning protesters from a five-metre zone around Kinder Morgan’s two Burnaby terminals.
The pair were among 12 protesters who appeared in B.C. Supreme Court Monday morning to face charges of civil contempt.
Kinder Morgan applied to Justice Kenneth Affleck, the same judge who issued the injunction order on March 15, to find the protesters guilty of civil or criminal contempt.
“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,” states Kinder Morgan’s application. “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.”
Affleck said “as a matter of law” the alleged actions of the protesters was criminal contempt that should be prosecuted by the B.C. Prosecution Service instead of through civil proceedings undertaken by Kinder Morgan.
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 .
After his court appearance Monday, Stewart told the NOW the court proceedings were new territory for him since he hadn’t been arrested during anti-pipeline protests on Burnaby Mountain in 2014, when he had violated a similar court injunction numerous times.
“Since the approval of the pipeline by the Trudeau government in 2016, I think the situation has changed,” Stewart said.
Stewart went on to say he respected the courts and the rule of law but that Kinder Morgan wasn’t good for Burnaby.
“I’m just trying to represent Burnaby the best I can,” he said.
When asked if he was willing to go to jail to protest the pipeline, he said he was.
“I’m prepared for whatever punishments come my way,” he said. “It’s not something I’m seeking to do or have sought to do or am looking forward to in any way, but I feel that, if that’s what comes, that’s what comes.”
Affleck adjourned the case until next Monday (April 16).
This story has been corrected. It was originally reported the Attorney General was considering whether or not to pursue criminal contempt charges. In fact, it is the B.C. Prosecution Service's role to prosecute cases of criminal contempt. While the service falls under the Ministry of the Attorney General, it operates independently.
