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Judge orders police to arrest power-line protesters if needed

Last Updated: Friday, July 11, 2008 | 3:24 PM ET
CBC News

The BC Transmission Corporation is hoping it can get on with its controversial new power line in Tsawwassen now that it has an enforcement order directing police to arrest protestors who interfere with the project.

Nearly 100 protestors crowded into a Vancouver courtroom Thursday to hear a judge's decision on BCTC's request for stricter enforcement of an injunction it got to prevent protestors from disrupting the upgrading of an existing overhead transmission line. The line, which carries power to Vancouver Island, runs through right-of-ways on the properties of several Tsawwassen residents.

The Supreme Court of British Columbia granted BCTC the injunction last month.

Tsawwassen locals Tina Ryan and Debbie McBride told the judge it was the residents in the suburban community south of Vancouver who were being threatened and bullied by BCTC.

But Geoffrey Cowper, a lawyer for the company, told the judge residents violated an earlier court order and interfered with and threatened work crews. Cowper implied residents were behind vandalism at the company's work sites and asked that any further trouble be met with arrests.

The court order is part of an ongoing dispute between BCTC and Tsawwassen residents who are opposed to the upgrading of the transmission line.

Justice Ian Pitfield granted the corporation the enforcement order, which compels Delta Police, under whose jurisdiction Tsawwassen falls, to arrest anyone who interferes with crews building the new power lines and made it clear that further interference would not be tolerated.

Angry residents stormed out of the courtroom, some shouting at the judge. Outside court, Ryan said she didn't know what would happen next.

"It's a very emotionally charged issue. … We are fighting for our community," said Ryan. "I can assure you this fight is not over."

Fellow resident McBride also expressed anger and disappointment with the decision.

"I think BCTC and the provincial government are a disgrace to democracy," she said.

BCTC said the court order was necessary to protect company workers and equipment.

"Unfortunately … through the course of the last couple of months, we have experienced a number of acts of vandalism," spokeswoman Thoren Hudyma said Thursday. "Our staff and contractors have unfortunately received verbal threats, and there have been problems of physical assaults as well ... which is very unfortunate. I wouldn't think anybody would want this project to continue this way."

No plans to scale back line, BCTC says

Last month, it was revealed that BCTC had placed several of the residents opposed to the project under surveillance. The residents learned of this fact after an anonymous man dropped off documentation of the surveillance at their home.

BCTC doesn't deny the Crown corporation has been following and videotaping local residents to support its case in court, but Hudyma said they weren't trying to intimidate anyone.

"Absolutely not, and I am sorry if people felt that way," she said.

On Thursday, B.C.'s Information and Privacy Commissioner ruled the surveillance was not a violation of the residents' rights, because it was conducted in public areas.

Hudyma said people are entitled to their opinion, but while BCTC's image with the public may have suffered as a result of the conflict, the company will carry on. The new, more powerful transmission lines are needed to allow BCTC to meet increased demand on Vancouver Island, she said.

Meanwhile, the residents have told CBC News they plan to continue their fight and now want the power lines buried, an option both the government and corporation have said the community already rejected during previous extensive public consultations.