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Affleck agreed with lawyers for two of 15 named defendants in a notice of civil claim that a 50-metre perimeter as part of an interim injunction he granted last week was too broad because it encroached on private property and trails.

Trans Mountain’s lawyer, Shaun Parker, requested a structure called Camp Cloud near the Burnaby Terminal be removed, calling it a “hotbed of aggressive activity” for protesters who want to “destroy the project.”

But the judge said it will stay.

“In my view there has to be a means of allowing the protesters who object to this work to remain reasonably close to the site,” Affleck said. “The plaintiff is going to have to tolerate a certain amount of agitation.”

Parker was also unsuccessful in his request for an order requiring the removal of a structure called the Watch House, saying it’s on a pipeline right of way and would cause significant safety risks.

“I’m sensitive to the concern of those who created this Watch House, that it is of considerable significance to them,” Affleck said of the structure that was erected near the Burnaby Terminal on Saturday, when people marched against the pipeline.

He said Trans Mountain would have to demonstrate any emergency need to remove the Watch House but would then have to replace it.

Casey Leggett, a lawyer for one of the defendants, said citizens have a constitutional right to protest the expansion of the pipeline.

“The inconvenience, which my friends call a blockade, hasn’t gotten to the level of establishing irreparable harm,” Leggett said.