Some Muskrat Falls occupiers end court process — nearly 2 years after proceedings began

The court process that has dragged on for nearly two years in Supreme Court in Happy Valley-Goose Bay came to an end for several people involved in the occupation of the Muskrat Falls site in October of 2016.  

"When these individuals did this, they, though they have now accepted responsibility, did not conceive of themselves as confronting the justice system," defense lawyer Mark Gruchy told Supreme Court Justice George Murphy Thursday.

"Rather, they conceived of themselves as confronting a system as colonial in nature."

Those that were facing the judge Thursday were among about 50 protesters that entered the Muskrat Falls site in October of 2016 and stayed at the job site's accommodations complex for four nights.

The main concern of the court is that any decision that is made promotes respect for court orders and the rule of law.- Justice George Murphy

Five pleaded guilty to being in contempt of court Thursday morning, which does not carry with it any criminal charges.

Each of them were handed a conditional discharge, the condition being that they continue to obey the injunction which prohibits people from trespassing on or blocking traffic from entering the construction site.

"I entered a guilty plea because I figured I'd like to get it over with," Sam Davis said after the hearing.

"It doesn't mean that I think I did much wrong by the type of protest we did — some of it was occupying the camp for a while."

Court opts for reconciliation

Nalcor lawyer Chris King asked the judge to consider a two-year suspended sentence as punishment for not obeying the court order.

Gruchy argued that time has passed since the protest took place and asked for an absolute discharge instead of the two-year suspended sentence, which would be applied if an individual were to reoffend.

He said though they achieved the same practical goal, because the injunction is still in place, it would be symbolic in nature.

"The courts have been heavily engaged in actively promoting reconciliation," Gruchy said.

"[It] would be a signal to the community that the court wishes to support reconciliation and that the negativity at the beginning that characterized this matter does not need to persist and our society as a whole is healing and we're all going to move forward together."

The judge opted for a conditional sentence which required those receiving their sentences Thursday to sign an undertaking which stated that they continue to keep the peace and abide by the terms of the injunction.

"Given the passage of time, and I think that it is important to promote reconciliation, I am going to cede to Mr. Gruchy's request for a discharge," Murphy said, adding he was also taking into consideration that the accused only had one breach of the court order standing against them.

"The court understands some of the motivation that was behind this protest. The main concern of the court is that any decision that is made promotes respect for court orders and the rule of law."

Another three people had their cases dealt with Thursday afternoon and they received suspended sentences, as each were accused of more than one breach.

Gruchy said he is representing another 20 people who are facing charges related to occupying the Muskrat Falls site who have pleaded not guilty. Those cases will be heard in court later in the fall.