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Prosecution Service's civil disobedience policy manual says whether contempt is a civil or criminal matter is determined by "the character and nature of the conduct." Elizabeth May Arrested By RCMP At Kinder Morgan B.C. Pipeline Protest A dispute of civil contempt would remain between the parties involved, while criminal contempt involves the public interest in administering justice, says a copy of the manual posted to the B.C. government website. "A criminal contempt often involves a mass disobedience of a court order which tends to bring the administration of justice into disrepute or scorn," it says. Trevor Shaw, a lawyer for the B.C. Prosecution Service, told the judge it would carefully consider a referral of the case from the court and report back "on what we see as the next steps that are viable and appropriate." Civil and criminal contempt charges have "substantial overlap," Shaw said. "The contempt, when it's criminal in nature, is typically reserved for cases where there has been a failure for an effective civil enforcement, there has been particularly egregious conduct, repeat offenders or sentences where there have been violence or damaged property," he said. 'The only issue is, has there been public defiance of the order?' Maureen Killoran, counsel for Trans Mountain, said it's the responsibility of the court, not the company, to move forward on prosecuting the 150 people arrested at the site since the injunction was granted. "The injunction order from the perspective of Trans Mountain is meaningless.
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