The B.C. Civil Liberties Association is claiming many of the recent arrests on Burnaby Mountain could be illegitimate.
More than 90 people have been arrested since a court injunction came into effect last week prohibiting people from interfering with Kinder Morgan's survey work on Burnaby Mountain. The problem, as the association sees it, is that the injunction areas were never clearly marked in the first place, and people have been arrested for crossing police imposed lines, which don't correspond to the injunction zones.
"That is the big issue," said Josh Paterson, executive director of the association. "The police tape line doesn't appear to conform to the injunction."
When asked if the arrests to date would be thrown out of court, Paterson said he didn't know and that would be for the courts to decide in January.
The issue came to the forefront after Kinder Morgan's legal counsel filed court papers Tuesday requesting to extend the injunction until Dec. 12 (it is supposed to expire Dec. 1). The filing also requested to expand the injunction areas, which Paterson said is an attempt to clarify the original confusion.
"Clearing up the confusion should not require an expansion of the zone in which people are banned from expressing themselves," he said in a press release.
Staff Sgt. Major John Buis of the Burnaby RCMP didn't know if the police tape matched the injunction area.
"We've been in discussion with Department of Justice lawyers, and we are not changing anything at this time, and it will have to be determined in court," he told the NOW. "We put the tape up based on our best knowledge. The injunction also gives us a work area."
Like Paterson, Buis said it will be up to the courts to decide what happens.
"I think that's the fairest way to find out," he said.
However, the B.C. Supreme Court issued the injunction and a corresponding order that gives the police the authority to enforce the injunction. Police are also allowed to create their own work zone to enforce the injunction.
The actual work area on Centennial Way, where most of the protesters are gathering, is enclosed by a fence, and Kinder Morgan crews have been drilling inside.
Kinder Morgan's lawyers are planning to argue for their injunction extension in court Thursday.
