Frances Mahon achieves victory for water and land defenders in Kinder Morgan injunction dispute at B.C. Supreme Court

March 15, 2018 – Frances Mahon appeared in the B.C. Supreme Court today, arguing that an injunction sought by Kinder Morgan against water and land defenders would injure freedom of expression and the right to protest. Although the injunction was granted, water and land defenders at Camp Cloud and Kwekwecnewtxw (the Watch House) will be permitted to stay on site, as long as their activities do not interfere with Kinder Morgan’s operations.

Frances’ argument focused on the fact that the water and land defence activities are rooted in the need for Coast Salish stewardship over land and water, and the spiritual significance of Camp Cloud and Kwekwecnewtxw.

Frances’ submissions were featured in the National Observer:

Frances Mahon, a lawyer who represents the second defendant, argued that Camp Cloud, one of the structures targeted by Trans Mountain, hosts a sacred fire and is of religious significance to the Coast Salish people and is also a place for storytelling.

“Camp Cloud and Watch House are examples of expressive content that are protected by freedom of expression in Canada,” she said, adding a hereditary chief of the Squamish Nation gave consent for Camp Cloud to occupy land that is across the street from the Burnaby Terminal and near a trail.

Frances Mahon Law is committed to protecting civil liberties. Read more about her constitutional and public interest litigation work here.

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