Worn down by delays as court hearings drag on 18 months after Muskrat Falls arrests
Nalcor says 15 of the 55 cases have been concluded
Protesters involved in demonstrations at the Muskrat Falls hydroelectric site in Labrador say they're still facing court dates, delays and confusing procedure — nearly 18 months after being charged with breaking a court-ordered injunction.
"I've lost count of how many appearances I've made in both Supreme and provincial court," said Jacinda Beals, a member of the Labrador Land Protectors group.
"A year and a half later we're still no further ahead. I'm not personally"
Beals is one of the original nine, as some call them, who were arrested Oct. 17, 2016.
She and other protesters blocked traffic from entering the Muskrat Falls work site because of concerns about methylmercury contamination downstream from the project.
Beals was charged with breaking a court-ordered injunction, and was later called before the Supreme Court for breaching an undertaking she had signed to stay away from the site.
Nearly a year and a half later, she is still tied up in court proceedings.
"I'm dealing with the same charges in both courts, so different judges, different appearances," Beals said.
"It gets very confusing."
Partial closure
Another protester, Eldred Davis, has partial closure.
Davis was found guilty of breaching an injunction to stay out of the Muskrat Falls site, but was given an absolute discharge — which means no conviction is registered, and there's no need for similar proceedings in provincial court.
People are being worn down by these appearances in court that really resolve nothing.- Eldred Davis
But he's not done yet.
"I have to go through the whole thing again," Davis said, lamenting his next Supreme Court appearance which will deal with breaching the undertaking he signed.
"The courts are so busy that they can't hardly manage. And yet they want to do a trial over something that's been resolved, something that's so innocuous … an hour-and-a-half walk on the North Spur."
Davis, who spent 10 days in jail before signing the undertaking, is representing himself in court.
"I'm leery of lawyers. It's like a little inner circle," Davis said.
"They don't want to say to a judge, who they will have to face many times over different items, what I want them to say. I'll say what I want, within reason."
Members of the group often come out to support each other during court appearances, but Davis said that wasn't the case at his most recent appearance.
"It's indicative of the fact people are being worn down by these appearances in court that really resolve nothing," he said.
"In the meantime, Nalcor is sitting back. I think it's by design."
Beals has her next court appearance in April, and she is hoping that, like Davis, what is dealt with in one court will satisfy the other.
"That gives me hope that some of it will be dropped," Beals said.
She too believes the drawn-out court proceedings are a tactic by Nalcor to slow things down.
"The judges in both courts were very clear. They're both very disappointed, as are we, that Nalcor's lawyers have taken so long."
Nalcor responds
Nalcor told CBC in an email Feb. 21 that there were some delays in getting disclosure out to lawyers for the accused early on in the proceedings, but that since then "disclosure of all materials has been provided in a timely manner."
It said 15 out of the 55 cases have been concluded, but the others have been held up by "changes in legal counsel and for lawyers and individuals to review the evidence provided to them through the disclosure process."
Beals, meanwhile, said she's learned to fight the megaproject in other ways.
She's been producing a series of videos documenting stories from people in Mud Lake speaking about last year's flood, which many still believe was caused by construction at Muskrat Falls.
"They're scared for their life and we have to support that and we have to fight back as much as possible," Beals said.
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