The already heated controversy surrounding Kinder Morgan and the proposed pipelines just garnered even more tension as the details from a previous court case involving the City of Burnaby and Trans Mountain was released.
The City of Burnaby was in court on September 26th, 2014 to ask the B.C. Court of Appeal to reevaluate the dismissal of its application to prevent Trans Mountain from violating Burnaby's bylaws while conducting surveys on Burnaby Mountain. The surveys are part of a larger application to expand the Kinder Morgan pipeline; this application is currently under consideration of the National Energy Board (NEB).
Between the hearing of Burnaby's injunction application and this application for appeal, the NEB has ruled that the bylaws are inoperative and inapplicable to the extent that they debilitate Trans Mountain's ability to conduct the proposed surveys. The application was dismissed.
Photo Credit: Beyond Boarding Facebook
“Burnaby's application for leave to appeal is a collateral attack on the ruling of the NEB and, potentially, on an order of the Federal Court of Appeal. The issues raised by Burnaby have been dealt with by a binding and conclusive order of the NEB,” read a statement from the Courts of British Columbia in a recent Judgment.
The ruling was handed down by the Honourable Madam Justice Neilson. Reasoning behind the judgment include:
-Back in April 2014, the NEB issued a hearing, which set a time line for the project, and it was at this time that Burnaby was granted the option to intervene.
-In order for a proper assessment of the pipeline project to be done, samples of land from the Burnaby Mountain conservation area are required, according to B.C. courts.
-Safety precautions are a concern.
-B.C. Court of Appeal renders that the merit of the original agreement should be honoured at the provincial level.
-B.C. Court of Appeals determined that it was impossible for Trans Mountain to simultaneously comply with Burnaby bylaws and conduct the studies on Burnaby's land.
Photo Credit: Beyond Boarding Facebook
“Only the Federal Court of Appeal may nullify or reverse that order. To permit Burnaby to bring an appeal in this Court would unquestionably and unjustifiably intrude on that proceeding and constitute an abuse of process,” read a statement from the Court Judgment.
Packed courthouse at Kinder Morgan Injunction. Incredible show of community solidarity for those standing up to protect Burnaby Mountain.
— Council of Canadians (@CouncilofCDNs) October 31, 2014
Not finding the answer they were searching for, the City of Burnaby has applied for an appeal of the NEB's decision to the Federal Court of Appeal.
Needless to say, protesters are not happy with the court's decision. In a plight against the Kinder Morgan project, protesters locked themselves to the front door of the Supreme Court this morning.
Kinder Morgan protesters lock themselves to B.C. court house doors http://t.co/E3c1Q18XtT
— Kim Patrick Weaver (@kimpweaver) November 27, 2014
As of today, Kinder Morgan is now in court to extend an injunction to keep protesters away from survey sight areas.
Fire alarm pulled at courthouse during Kinder Morgan application to extend injunction. #BurnabyMountain
— Neil Chantler (@NeilChantler) November 27, 2014
Photo Credit: Beyond Boarding Facebook
The number of arrests have already jumped from 80 to 100 over night, one of which includes Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs.
“I am willing to stand up to Kinder Morgan and be arrested for the future of my grandchildren,” said Phillip.
Photo Credit: Beyond Boarding Facebook
Photo Credit: Union of B.C. Indian Chiefs Twitter Feed
Photo Credit: UBCIC Twitter Feed
Ironically enough, arrests made at Burnaby Mountain is costing the City of Burnaby approximately $100,000 a day in RCMP billings. Who's responsibility is it to foot the bill? Kinder Morgan or the City of Burnaby?
10 officers escorting @tsleilwaututh Elder Amy George, Grand Chief Stewart Phillip and Don Bain pic.twitter.com/z8cY0QaLUw
— UBCIC (@UBCIC) November 27, 2014
Click here for more information regarding the potential unlawful arrests made at Burnaby Mountain so far.
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