B.C. judge expands pipeline injunction as protesters use ‘calculated’ defiance

Justice Kenneth Affleck said he’d have some sympathy for people opposed to Trans Mountain application

Anti-pipeline protesters have made a calculated effort to blockade two Trans Mountain work sites in Burnaby, says a British Columbia Supreme Court judge who expanded his injunction to include other work sites for the controversial project.

Justice Kenneth Affleck said Friday he would have some sympathy for people opposed to Trans Mountain’s application to vary his March 15 order prohibiting protests within a five-metre buffer zone, but an abundance of evidence indicates people have found ways to get around it and stop police from making arrests.

“In my view, the clear attempt to frustrate the injunction is not acceptable and there needs to be a means by this court to determine that its orders are respected,” Affleck said.

Those opposed have every right to protest, he said.

“They have a right to make their views known in a way that captures the attention of the world, if they wish to do so, but they are not entitled to block what is lawful activity.”

Dozens of protesters have been arrested since protests escalated last November. Many of those have appeared before Affleck this week to plead guilty to criminal contempt of court for violating the injunction and to pay fines or commit to community service. Others have yet to make court appearances.

Trans Mountain lawyer Maureen Killoran told Affleck that protesters have used a “workaround” to flout the injunction, which applied to the Burnaby Terminal and the Westridge Marine Terminal.’

READ MORE: ‘New wave’ of anti-pipeline protests return to Trans Mountain facility

READ MORE: Elizabeth May pleads guilty, fined $1,500 in pipeline protests

Killoran said affidavits from two witnesses indicate protesters have been bent on maximizing disruption at the two construction sites by “tag teaming” to avoid arrest after police read them the injunction order and gave them a 10-minute warning.

She read Facebook posts of a group called the Justin Trudeau Brigade, which urges protesters to leave a blockade just before the warning time is up as they are replaced by another group and police have to read the injunction order again and the process repeats.

Killoran said an RCMP officer’s affidavit outlines how protesters at the Burnaby work sites have taken advantage of the 10-minute warning period and slowed down the enforcement process, resulting in fewer arrests, more work for police, and no repercussions for protesters.

“This is the mischief we are here to address,” Killoran said, adding protest organizers are committed to stopping Trans Mountain trucks from entering construction sites and aim to blockade other locations where the company might store equipment or have contractors working on the project.

She said activists have also climbed on top of a tunnel boring machine at a storage facility in Delta, B.C., so the injunction must be extended beyond the Burnaby work sites.

Affleck granted Trans Mountain’s request to enforce the five-metre injunction in other areas as well as allowing the company to post warning signs 10 metres from work sites.

Neil Chantler, a lawyer for one of 15 defendants named in a notice of civil claim, called Trans Mountain’s request to expand the injunction too broad and said the company was being hypothetical in assuming people would protest beyond Burnaby but had evidence only on the incident at the Delta facility.

“Trans Mountain is trying to get a carte blanche order that it may wield in the future wherever it chooses, much to the detriment and uncertainty of the general public,” Chantler said.

However, Killoran said there is nothing hypothetical about Trans Mountain’s intention to protect its work sites while continuing a project that the federal government has approved.

Camille Bains, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Only steps away: Gutsy Walk returns to Kelowna

The walk to cures for Crohn’s disease and colitis comes June 2

Sister of cancer victim cycles across Canada to raise awareness

Her journey started on May 14 and will end in early August

Top women’s hockey player Natalie Spooner coming to the Okanagan

Natalie Spooner special guest at annual Grindstone Award Foundation charity weekend in Kelowna

Woman in hospital after being thrown off horse

She was airlifted to Kelowna General Hospital from Okanagan Falls

Update: Washed out South Okanagan road temporarily closed for assessment

A portion of Eastside Road, south of Penticton, appears to be crumbling into Skaha Lake

‘Teams that win are tight’: B.C. Lions search for chemistry at training camp

The Lions added more than 50 new faces over the off-season, from coaching staff to key players

Update: Plan to see more smoke from South Okanagan wildfire

Richter Creek wildfire, 12 kilometres west of Osoyoos, is an estimated 400 hectares

Growing wildfire prompts evacuation of High Level, Alta.

Chuckegg Creek fire has been burning for several day, but grew substantially Sunday

Okanagan art gallery releases their theme

Fine arts painting will be the point of focus for this year’s event

South Okanagan search and rescue help injured climber

Search and rescue called on the assistance of a helicopter to help retrieve an injured hiker

Okanagan nature centre fundraiser goes western

Allan Brook’s Nature Centre Wine and Wild West Fundraiser is on July 6

Marriage proposal on the big screen at Enderby drive-in

Kelowna man gets engaged in front of hundreds to Vernon sweetheart

Take-home drug testing kits latest pilot to help curb B.C.’s overdose crisis

Researchers look to see if fentanyl testing could be a useful tool for those who use drugs alone

Firefighters respond to bus fire on Highway 1

Smoke in coach bus reported to have been caused by overheating, driver and passengers safe

Most Read