"My reputation has been tarnished. The allegations are that I’ve committed a conspiracy to break the law, and I didn’t do that,” said Dutton, outside the court building.
The retiree was hit in late October with a civil suit that appeared to put himself, and four other defendants, at risk of millions of dollars in claimed damages by Texas-based Kinder Morgan.
The company said the defendants unlawfully conspired to intimidate company crews and frustrate them from completing their survey work on Burnaby Mountain for the Trans Mountain pipeline expansion.
The collision of protesters, citizens and company crews ultimately resulted in more than 100 arrests. Last month, and after the drilling was completed, the company began quietly dropping their civil suits against the five defendants it believed were the ringleaders.
But Dutton chose not to settle, and to carry on the fight. He said companies should not be allowed to use so-called "SLAPP" lawsuits (strategic lawsuit against public participation) to bully opponents of industrial projects.
“This has been an abuse of the [court] process. If we don’t fight these kinds of law suits, democracy itself is threatened," said Dutton.
The former SFU academic and non-profit professional says his activities have been entirely lawful. He runs the website for BROKE – a citizens group of 500 members that opposes the Trans Mountain pipeline expansion pipeline. The group is also named in the lawsuit.
Dutton's lawyer, Neil Chantler told the court that Dutton's "only crime" was that he organized citizens who had views opposing Kinder Morgan's pipeline, and disseminated information about the risks of transporting dilbit oil by pipeline and tanker.
But central to Kinder Morgan’s argument is that Dutton allegedly attended an October 29th clash between protesters and company crews at the area called 'borehole two" on Burnaby Mountain.
"BROKE counselled unlawful activities, and [Dutton] knew it," said corporate lawyer, William Kaplan for Kinder Morgan.
The basis for his argument was an affidavit given by the pipeline project leader Carey Johannesson who said he "recollected" that Dutton was on the mountain, inside the posted work areas to frustrate the crews.
Kaplan said this suggested Dutton was a key "conspirator" to the effort to mobilize resisters to frustrate and block the company's work activity.
Dutton scoffed at this, and said he arrived one hour after the clashes were over, and the crews had left the mountain.
For the record,Vancouver Observer reporters were present at clashes that morning, taking photographs along with other news media. Photos taken by Observer staff show Dutton was not attending the heated incident at that time.
Though the company also shot its own photos and videos to support its court action against the protesters, it did not produce a photo in court Tuesday showing Dutton at the scene.
Still, Kinder Morgan took aim at Dutton's assertion that the company was attacking him with a SLAPP suit. He reminded the court that Kinder Morgan Canada's president Ian Anderson said the pipeline company would not pursue any damages against the defendants.
"What kind of SLAPP law suit is this? Where you tell the world you won't be pursuing the damages — where's the deterrent?" asked Kaplan.
But that statement was not until several days after the public uproar over the lawsuits, and after the company stated it stood to lose $80 million per month in lost revenues from protester delays.
Dutton's lawyer also told the court that Dutton was not a conspirator, but merely a concerned citizen seeking to express his views against the pipeline, and organize those who felt likewise.
As a sign of his civility, he said, Dutton organized legal workshops for citizens to know how to stay within legal bounds when protesting.
Chantler said it is fundamental to democracy to allow citizens to organize, rally, and express themselves. Many of the citizens who are members of BROKE have recent memories of being personally impacted by Kinder Morgan's oil spill in Burnaby in 2007, he said.
Kinder Morgan responded by stating Dutton's activities went beyond expression of opinion, but was a form of obstruction. Its lawyer said Dutton, through his Facebook website, social media and "phone trees," mobilized people in a hurry to get to wherever the drilling was set to begin.
Anti-SLAPP suit laws needed: BCCLA
Watching all this unfold in court was the BC Civil Liberties Association. Executive director Josh Paterson agrees with Dutton that new laws are needed to prevent SLAPP suits.
Paterson said that in principle there’s nothing wrong with anyone, including energy companies, from pursuing lawsuits.
“That is their right,” said Paterson.
“[But] there needs to be a way for court’s to quickly assess whether these cases are being brought legitimately, and whether or not they should be thrown out.”
B.C. once briefly had anti-SLAPP legislation in the early 2000s, but it was quickly removed by the incoming Liberal government, Paterson said.
The court hearing resumes Wednesday morning.
Original Article
Source: vancouverobserver.com/
Author: Mychaylo Prystupa
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