Monday, August 27, 2018

The tie that binds: Kinder Morgan and Justice K.M. Affleck

And just what is this tie that binds Justice K.M. Affleck and Kinder Morgan?  Why, the injunction, of course.  Like the one Justice Affleck handed out to Kinder Morgan on March 14, 2018 in order to shoo citizens away from protesting the trans-mountain pipeline on Burnaby Mountain.


‘On Burnaby Mountain’ has a musical ring to it.  It sounds like the title of a bitter- sweet country song.  But in reality what is happening there is just all bitter.  When the protesters gather there to try to protect the mountain they are handed Justice Affleck’s injunction.   This piece of paper annuls the protester’s right to freedom of speech, freedom of assembly, freedom of equality under the law and the right to a fair trial.  All of this just in one or two pieces of paper?  This bit of paper being handed to an unknowing protester is capable of destroying all of the legal rights due every citizen under Canadian law?  Absolutely.  That’s why Justice Affleck and most of his brothers (that’s what judges call each other: brothers) issued the injunction in the first place.   To make the citizen protester helpless before the court.


Why do the BC judges do this?  To protect corporations from the anger of citizens who want the destruction of our earth and waters stopped. There is no other reason.  Justice Affleck did not have to give out the injunction to Kinder Morgan.  He could simply have told Kinder Morgan that if protesters were bothering their operation to call the police or the RCMP.  The police would then come, arrest the protesters, stand them before a judge, and a date would be set for their trial.  As the citizen protesters have obviously committed some kind of an infraction of the law, which is coded in the criminal code, as all legal infractions are, the citizen protester is afforded his and her legal rights under the law of the land.  But no.  Environmental protesters are placed into a special category, one that requires that all their legal rights be suspended.  This is the secret, unspoken agreement between our BC judges and corporations who claim and are granted, more rights than real citizens.


I would say to the protesters, yes, continue with the protests on the mountain but send some of the protesters into the city.  Why the city?  Because that’s where the judges are giving out these injunctions.  The justices of British Columbia should be picketed.  In front of the Supreme Court of British Columbia in Vancouver.  A protest line there would be fruitful.  It is judges like Justice Affleck who unfailing serve their unspoken alliance with the corporations.  Instead of telling corporations to call the police when annoyed by citizens, they give out injunctions.  This makes protesting citizens legally trapped and helpless before the court, instead of confident of their rights under the constitution and the criminal code as all other citizens are.   And this is the main reason, in my opinion, that is hastening the environmental destruction of BC land and waters. And where is our honourable David Eby, the Attorney General, on this?  Next time.

2 comments:

  1. Absolutely true. I applaud the latest group of "jailbirds" who put their conscience above the supposed law.

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  2. Sandra Currie5:45 PM

    Judge Affleck, a corporate shill and former advocate for Benson & Hedges in the 20 year lawsuit against Big Tobacco, has been picketed outside the BC Supreme Court many times.

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