No appeal to the SCC over plastic bags and misleading statements by politicians concerning the Coastal GasLink Pipeline injunction

Topics discussed on the show this week include the Supreme Court of Canada refusing an application by the City of Victoria for leave to appeal a decision by the BC Court of Appeal that the city lacked jurisdiction to ban plastic bags.

In addition, various politicians have mischaracterized the nature of an interim injunction prohibiting blockades, and other self-help remedies, by individuals opposed to the construction of a natural gas pipeline.

A federal Green Party member of parliament suggested that the premier of BC, or the Prime Minister of Canada, should “call off the RCMP” from enforcing the injunction. 

Neither the premier nor the prime minister, have the authority to “call off” the RCMP. Because protesters had not voluntarily complied with a previous injunction, imposed a year ago, the BC Supreme Court judge hearing the case ordered the RCMP to enforce the injunction against physically blocking construction.  

The obligation of the RCMP to prevent protesters from blocking the construction of the pipeline is a result of the court order and not a political decision. 

A number of young people, who apparently misunderstood who had the authority to decide how the matter was going to proceed, occupied the Ministry of Energy, Mines & Petroleum Resources building in Victoria. After fifteen hours, the police carried the protesters out of the building and released them without charges. 

In this context, a City of Victoria Councillor unfairly alleged that “there is always a high risk that police will use violence” when dealing with protesters. 

What appears to be either uninformed or politically motivated, mischaracterizations of the court-ordered injunction are most unfortunate.

It would be wise for anyone who is inclined to wade into the pipeline issue, the role of the elected first nations representatives, Wet’suwet’en hereditary chiefs, the RCMP, or the government, to actually read the judge’s reasons for judgment.

The background, context and reasons really do matter. 

Finally, a tribute to Ted Hughes, the former judge, and lawyer, who passed away on January 17, at age 92, after making a numerous contribution to the Canadian legal system.

Follow this link for a transcript of the show and links to the cases discussed, including the judge's reasons for issuing the injunction.