Pipeline protesters including MPs Elizabeth May, Kennedy Stewart should face criminal charge: judge

A B.C. Supreme court judge has recommended that protesters arrested at demonstrations against the Trans Mountain pipeline project — including two federal politicians — be prosecuted criminally, rather than in civil court.

Green Party Leader Elizabeth May and NDP MP Kennedy Stewart were among a dozen protesters who appeared in court on Monday on charges of civil contempt.

The politicians were arrested after joining a demonstration against Kinder Morgan's expansion project in Burnaby, B.C., on March 23.

They blocked the road, violating a court order to stay five metres back from company work sites.

Civil contempt is not a criminal offence.

However, on Monday, a B.C. Supreme Court judge recommended the charge be changed to criminal contempt rather than civil, as the alleged contempt was against a court-ordered ban and not Kinder Morgan.

The case has been adjourned for a week pending a decision from the B.C. Prosecution Service.

Speaking cheerily outside court after her appearance, May said she wouldn't be commenting on what happened in the courtroom nor on the charges against her "out of respect" for the court process.

She did, however, reiterate her opposition to the project.

"We have a strong, factual case that this project is not in the national interest," she said. "British Columbians are not selfishly holding up something that would help all of Canada."

Stewart, MP for Burnaby South, said he was proud of the protests that have happened in the city, touting that one of them may have been the largest in its history.

"Those are the real numbers that matter," he said.

Dozens arrested at protests

Thousands of protesters rallied against the $7.4-billion project at Kinder Morgan's Westridge Marine and Burnaby terminals over the month of March, according to RCMP.

Counting the politicians, more than 170 people were arrested for violating the court order within a week.

Activists had planned to continue daily protests until March 26, the environmental deadline for the company to finish clearing nearby trees before migratory birds began nesting.

Workers were said to have finished that job on time. However Kinder Morgan announced Sunday that it would be suspending non-essential spending on the project — a move that opponents in British Columbia say throws the future of the project into doubt.

The company said its decision was largely based on the B.C. government's legal challenges to the pipeline and the need to protect its shareholders. The deadline to reach agreements with its stakeholders on how to proceed is set for May 31.

The next court appearance for May, Stewart and around 25 other protesters is set for Monday.

• 5 things to know about the Trans Mountain pipeline battle

With files from Megan Batchelor