B.C. judge expands Trans Mountain injunction as protesters use ’calculated’ defiance

Burnaby RCMP arrested several protesters for violating a court injunction that prohibits them from entering within five metres of a Kinder Morgan work site.

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 equipment facilities and other locations involving 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.

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.

The Canadian Press

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Burnaby won’t cover policing costs related to Trans Mountain protests

An RCMP officer reads a court order to Federal Green Party Leader Elizabeth May, right, and NDP MP Kennedy Stewart, second from right, before they were arrested after joining protesters outside Kinder Morgan’s facility in Burnaby, B.C., on March 23, 2018.

The City of Burnaby, where protests and arrests have been taking place over work under way to expand the Trans Mountain pipeline, has ruled out paying policing costs related to managing the activism, says its mayor.

Like many B.C. communities, Burnaby is policed by the RCMP, and is normally on the hook for expenses, but Mayor Derek Corrigan – a vocal critic of the pipeline project – says he is drawing the line at overtime and other RCMP costs related to Trans Mountain as a project the city opposes.

“We’re not paying for the additional policing costs that are being accumulated as a result of the protests at the Trans Mountain project,” Mr. Corrigan said in an interview. “I don’t think there is anybody in the Western world who doesn’t know now that Burnaby is not paying.”

He casts the position as a reflection of Burnaby’s opposition to the project as well as the view that the Trudeau government, which approved the project, should be picking up the costs to deal with protests against it.

This isn’t the first time the issue has come up. The B.C. government says there is an outstanding $800,000 bill for policing 2014 protests related to the project that “remains in dispute,” according to a statement from the provincial Ministry of Public Safety and the Solicitor-General.

“The province is aware of Burnaby’s views on paying for these policing matters and we confirm there is an outstanding non-payment with respect to 2014,” said the provincial statement issued by Colin Hynes for the Ministry of Public Safety.

In their statement, the provincial public safety and Solicitor-General’s ministry said the Police Act in B.C. compels municipalities with populations over 15,000 to pay for the cost of policing within their boundaries. “This includes the cost of policing matters related to civil disobedience.”

However, the ministry said the dispute will not affect policing. “It is important to note that regardless of any disagreement over funding, policing services will continue uninterrupted and will be unaffected by any funding disagreement.”

Ironically, British Columbia’s NDP government has been sharply opposed to the expansion of the pipeline – a policy that has pitted them against the NDP government in Alberta, which is a proponent for the project.

Mr. Corrigan’s stand comes amidst increasing protests over the project. According to the Burnaby RCMP, 54 demonstrators against the project were arrested on Saturday for breaching a court-ordered injunction that prohibits protesters from coming within five metres of a pair of terminals in Burnaby operated by project proponent Kinder Morgan. Last Friday, federal Green Party Leader Elizabeth May and NDP MP Kennedy Stewart were arrested in protests.

The Trans Mountain expansion project, which has been approved by the federal government, will triple the capacity of the pipeline to about 900,000 barrels from 300,000. In recent weeks, one protest drew more than 5,000 people – and a police presence to manage the gathering.

Ali Hounsell, a spokesperson for the Trans Mountain project, said in a statement issued Sunday that “Trans Mountain’s view is that policing is a local government cost. “

Mr. Corrigan said the Mounties have told him they may take the matter to dispute resolution. While he said he has no details on that process, an RCMP spokesperson in B.C. pointed out there are provisions for working through disputes in the service agreement on municipal policing in B.C.

The mayor also said he is skeptical about RCMP assurances that dealing with the protests won’t distract from routine policing needs in Burnaby.

“They’re telling me, no, they are not diminishing any of the resources that are available to the community. But I can’t help but think this takes a toll in being able to deal with these issues,” Mr. Corrigan said. “While I am being assured that it is now, I am suspicious that it is.”

In a series of e-mail responses to Globe and Mail questions on the issue, a spokesperson for the RCMP E-Division covering B.C. said the force is dealing with protests now and looking to eventually deal with costs.

“The RCMP goal for any demonstrations is to ensure that they take place in a peaceful, lawful and safe manner. We will deploy the resources necessary to accomplish this,” Sergeant Janelle Shoihet said in an e-mail.

Sgt. Shoihet said the Burnaby RCMP don’t have contingency funds for their responsibilities but, rather, respond to calls for service and rolls salaries, expenses and other costs into an annual policing budget for the detachment.

“As you can imagine, it’s difficult to predict how many calls for service we’ll get in relation to one specific event or a series of events and therefore difficult to predict how many resources we’ll need to respond.”

Mr. Corrigan said the protests against Trans Mountain are going to get worse.

“This is the overture to what ‘s going to happen later on. I anticipate there will only be an escalation of the protests over the next months. This problem is only going to become progressively worse.”

The Globe and Mail 

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Trans Mountain Fight ‘Going to Be Ugly,’ Says Industry Veteran at Edmonton Oil, Gas Conference

Kinder Morgan Trans Mountain Expansion Project’s Westeridge loading dock is seen in Burnaby, B.C., on Friday, Nov. 25, 201When the shovels hit the ground, my belief is there’s going to be an uprising in Burnaby6. Jonathan Hayward/THE CANADIAN PRESS

When the shovels hit the ground, my belief is there’s going to be an uprising in Burnaby

  • by Jonny Wakefield | May 22, 2017

Expect an “uprising” in B.C.’s Lower Mainland over Trans Mountain to further complicate Justin Trudeau’s pipeline policy, an energy industry leader told an Edmonton oil-and-gas conference Friday.

“When the shovels hit the ground, my belief is there’s going to be an uprising in Burnaby, etcetera, and it’s going to be ugly,” said Bruce Robertson, an oil-and-gas industry veteran and chairman of the Explorers and Producers Association of Canada. “And Trudeau et al. have got to make a decision (on) whether and how he flexes his muscle to get this thing approved.”

Pipeline politics, looming NAFTA renegotiations and Canada’s place in an increasingly uncertain energy world were among the topics discussed at Energy Visions, an annual conference organized by PricewaterhouseCoopers (PwC) aimed at parsing trends in global energy markets.

Those markets are increasingly chaotic. After years of relatively stable energy geopolitics “now it feels hard to plan for the next two to three years with any certainty,” said PwC panel moderator Reynold Tetzlaff.

Pipeline politics

The fate of the Trans Mountain pipeline, which would more than double capacity on an existing Edmonton to Burnaby route, is an open question after a B.C. election that has the pro-pipeline Liberals courting the upstart Greens in a bid to cling to power.

Robert Johnston, CEO of the Eurasia Group, said two of the proposed pipelines — including Trans Mountain, Energy East and Keystone XL — would satisfy demand for capacity.

He said that Trudeau jeopardized his party’s seats in B.C.’s Lower Mainland by approving TransMountain, making U.S. President Donald Trump’s Keystone approval an unlikely godsend for the Liberals.

“Trump moving forward with Keystone actually helps Trudeau avoid a very politically problematic move on Energy East in Quebec that could really split the Liberal party.”

If neither Keystone or TransMountain are built, Trudeau’s move to reform the National Energy Board is a “hedge” to shore up confidence in the regulatory process for Energy East.

“Trudeau feels like you’re going to need a very robust and transparent process, and probably a long one, if you ever want to get Energy East built,” he said.

If it ain’t broke…

The Trump administration’s move this week to trigger NAFTA negotiations could mean changes in how oil and gas flows across North America.

Or it could mean nothing.

Sarah Ladislaw, who specializes in energy and national security at the Center for Strategic & International Studies based in Washington, D.C., said the industry will be careful not to overplay its hand as negotiators open up the 1994 trade deal.

“I haven’t seen enough evidence that there’s going to be a lot of innovation on the energy portions of NAFTA,” she said. “I think that the strategy is not to do any harm.”

The industry might pursue an integrated model like the European Union, Johnston said, where “barrels and molecules can flow from Spain to Germany without too much restriction.”

“I think that could be an interesting discussion as we update NAFTA,” he said.

But Ladislaw said energy could be used as “trade bait” if negotiations start to go south in higher priority areas like agriculture.

“We want to leave (energy) out of other parts of the trade agreements that may be more problematic,” she said. “I think there’s still a reluctance to open up NAFTA too widely, because the question is can you put it back together again.”

Article written by Jonny Wakefield and originally posted in the Edmonton Sun on May 19, 2017

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