Eldred Davis challenges Nalcor injunction
Jim Learning no longer under house arrest
Two prominent members of the Labrador Land Protectors were in court in Happy Valley-goose Bay on Wednesday.
Eldred Davis was there to speak to the charge of violating Nalcor Energy’s injunction regarding Muskrat Falls and a contempt of court charge that arose from his alleged violation of the injunction.
Jim Learning was there for the same reasons, in addition to dealing with being under house arrest.
Davis pleaded not guilty based on a challenge to the validity of the injunction. Davis had his case set over until Oct. 2 to give him time to put together a submission to the court to challenge the injunction.
Learning acknowledged he mistakenly broke his house arrest, but was not at the Muskrat Falls project main gate or anywhere near the project.
A joint submission was been made by Nalcor Energy and Learning’s lawyer to impose a suspended sentence with an undertaking to abide by the injunction. Learning’s house arrest ended upon him signing the undertaking. Learning served 10 days in Her Majesty’s Penitentiary in St. John’s before being placed under house arrest. He is scheduled to be back on court on Sept. 12.
Davis, who also served 10 days in Her Majesty’s Penitentiary in St. John’s before agreeing to sign the undertaking, told the court he does not feel contempt for the court and that he, along with other Land Protectors, are doing what they feel they must.
Nalcor’s lawyer, Chris King, said Nalcor is prepared to defend its injunction and will do so before the court.
Justice George Murphy encouraged Davis to speak to a lawyer and to fully understand the process. Murphy gave Davis three weeks to get his submission together. Davis is scheduled to be back in court on Oct. 2 in Newfoundland Supreme Court in Happy Valley-goose Bay to schedule a hearing.
Another member of the group, Marjorie Flowers, was released from house arrest on Wednesday. Flowers had been under house arrest for almost a month, and served 10 days HMP in St. John’s.
Flowers’ release came when she agreed to uphold the Nalcor injunction as well as an undertaking she signed in November forbidding her from going within one kilometre of the megaproject site. Flowers is scheduled to next appear in court on Sept. 12.