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UPDATE Federal Green Leader reacts to facing a criminal contempt charge over KM protest

May Arrest-1.3819869 May Arrest (Hall, Sandra/CTV News)

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Elizabeth May says it wasnt what she was expecting, but fully intends to respect the process

Federal Green Party leader Elizabeth May will face criminal prosecution for participating in a protest against the Kinder Morgan-Trans Mountain pipeline in Burnaby in March.

May had been charged with civil contempt, but a judge agreed with Kinder Morgan there could be grounds for criminal action as a court injunction was in place, and a special prosecutor was appointed to investigate.

The B-C Prosecution Service has confirmed the prosecutor concluded a criminal charge of contempt of court is warranted.

Speaking to CFAX May says she wasn't really expecting this, but says no matter what happens she won't have a criminal record:

"Criminal contempt wasn't exactly what I expected, but I do want to stress it's not a criminal offences, it's not in the criminal code, I won't have a criminal record. So, and I fully accept responsibility for my actions. That was my intention in making it clear that I opposed this project so much that I was prepared to take that step."

May, a former lawyer, says she is respectful of the process and intends to be in court once a trial date is set. 

May says it's an unusual area of law as Kinder Morgan was able to say they thought the charges should be criminal, and then a judge agreed.  

She adds the matter is about the court enforcing its own injunction and has no bearing on  the merits of the pipeline itself.

Meantime Burnaby South NDP M-P Kennedy Stewart was also charged with criminal contempt. He has pleaded guilty, and must pay a $500 fine by Friday.

Meantime Burnaby South NDP M-P Kennedy Stewart, also charged with criminal contempt, pleaded guilty this (Mon) morning and must pay a $500 fine.

May was assigned a different Special Prosecutor than Stewart, and according to the Green Party they are still in discussions with the Prosecutor.  Meantime May's case has been adjourned to May 28th.