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Alan Dutton

Case Study - Trans Mountain Pipeline ULC v. Dutton et al.

In October 2014, Alan Dutton and four other individuals were served with a lawsuit, an application for an injunction, and affidavit material suggesting that they were liable for damages in the millions of dollars. The plaintiff was Trans Mountain Pipeline ULC (“Trans Mountain”), a Canadian subsidiary of international energy giant Kinder Morgan.

Protecting Democratic Rights in Canada

The province of British Columbia faces a growing problem. Like other areas of the world, large powerful corporations are increasingly using strategic litigation to silence, intimidate and block public participation. Unlike Quebec and Ontario, the province of BC does not have legislation to prevent the attack on civil and political rights and the Canadian Charter of Rights and Freedoms offers no protection of freedom of expression, assembly or access to justice to private parties (e.g., citizens versus corporations).

Getting Sued for Speaking Out

Trans Mountain Pipeline ULC, a subsidiary of the giant transnational oil company Kinder Morgan, applied for and was granted an injunction in October 2014 to stop rallies and demonstrations on Burnaby Mountain Conservation Land. Trans Mountain alleged damages associated with the rallies of $5.6 million and five people were named in the lawsuit along with Jane and John Doe and the Burnaby Residents Opposing Kinder Morgan (BROKE) - a community non-profit group.

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