/* Written 9:38 AM Apr 27, 1997 by nfnena in igc:nfn.tempforest */
/* ---------- "INTEFOR SLAPPs FAN Activists" ---------- */
From: Native Forest Network-ENA <nfnena@igc.apc.org>
Sat Apr 26 22:44:19 1997
From: fan@alternatives.com (Forest Action Network)
Subject: FAN Activists SLAPPed by INTERFOR
PLEASE RE-POST AT WILL...
Ten FAN activists SLAPPed by INTERFOR for "conspiracy and
intimidation".
by FAN campaigner Simon Waters
The case of INTERFOR v Greg Higgs and others in BC is a chilling example
of how a logging corporation has taken the law into its own hands, and how
protesters can be legally subjected to double jeopardy. In this case four
defendants are not only liable for criminal contempt of court, (with
almost certain jail time) but also for potentially astronomical damages in
a parrallel civil suit.
And the injured party? Poor little INTERFOR, a company with an extensive
criminal record for their disregard of forest and fish protection laws and
regulations. The same INTERFOR that won last place in a survey of logging
practices in BC, (Tripp Report 1994). The same INTERFOR that built a
logging road IN a salmon stream (Sims Creek, over Christmas 1995)
In August 1996 INTERFOR obtained two injunctions against ten named
individuals, and John and Jane Doe. The injunctions were granted to stop
activists of the Forest Action Network from blocking access to
roadbuilding and logging operations and, later, from occupying a
half-loaded logging barge carrying $750,000 worth of temperate rainforest
logs for export.
In Alice in Wonderland there occurs a significant scene as Alice is
brought to trial. The Bailiff calls "Bring in the prisoner". "Guilty"
shouts the king, " No, no your highness, first the evidence, then the
verdict". A SLAPP suit has a strikingly Alice in Wonderland quality.
Firstly the Crown or state does not have to approve the charges.
Essentially a corporation can use the apparatus of the state to threaten,
intimidate and punish its opponents. The critical point is that the
punishment can be severe BEFORE, or even without, a verdict being reached.
In a further Alice-like contempt for reality, a dance student and a
bicycle messenger, among others, are accused of : "...intimidation;
and...conspiracy to do injury to the plaintiffs...."
FAN recognises the sovereignty of the Nuxalk First Nation over the land
logged by INTERFOR in Taleomey and other areas of Nuxalk Territory. The
Nuxalk have never been asked not ever authorised INTERFOR to log in their
territory.
INTERFOR sought and gained an injunction to stop the protest at the
Taleomey log sort. After six days the protesters pulled out to allow a
local contractor to remove his equipment to work on a job in town.
Several days later a log barge which had picked up the logs at the
Taleomey, was boarded, fifteen km to the north and held up for four days.
This second action, with two climbers suspended 30 metres above the water
between two cranes drew wide media attention.
A second injunction was obtained to stop the action at the barge.
Afterfour days a dozen or more police arrived and arrested four people on
the barge and three on a support boat that was being used as a media and
safety vessel. All seven were charged with contempt of court. Charges
were later dropped against the three on the boat.
Behind each injunction lurks a civil suit. When an injunction is granted,
the persons named have seven days to appear before the court to answer the
civil suit. This rule is rarely enforced, especially in cases where the
police have already taken action, as there is already a proceeding
underway, with defendants and court dates set for those arrested.
However, in this case INTERFOR returned to court and got a separate civil
judgement IN THEIR ABSENCE against all, or most, of the ten named parties,
including some that had not been arrested. Seven days after the
injunction was served they returned to court and said "look these people
haven't come to court to respond to the civil suit we brought against
them, so give us a judgement against them". Which the court did. So one
day sitting in the woods we got an urgent message that we'd lost a court
case with INTERFOR that we had no idea was taking place, and were liable
for unknown damages and costs. Four of us filed affadavits to have this
original judgement overturned. Two Americans, passing through Vancouver
on their way home, missed one part of that process and failed to file an
affadavit.
My name had appeared on the list of named persons on the second injunction.
Interestingly, seven months later, and having read INTERFOR's affadavits
on which they are basing their SLAPP, my name appears only once in the
evidence. INTERFOR lawyers have listed me with the seven arrested at the
second protest. The only evidence that they have against me is that I was
arrested! But I wasn't arrested!! Pointing this out to the court, this
was brushed aside as a mere detail.
As was made clear at the beginning of the process, if I carelessly miss a
court date or fail to respond to an affadavit, in spite of there as yet
not being a single (true) word as to what I am claimed to have done, I can
find myself liable for damages that could cripple me for ten years.
By the spring of 1997, four of the original seven arrestees have been
found guilty of contempt of court and await sentencing on May 9th. They
can expect a sentence that includes some or all of the following: up to 45
days in jail, community service, probation and a fine. The two arrestees
from the US who fouled up their paperwork, now convicted of contempt of
court, have also had judgement rendered against them in the civil suit, in
their absence , for $37,000 damages, $5,000 each for punative damages, and
costs. Costs in a case like this could already amount to $50,000 and
eventually to $500,000 or more. Any one found liable for damages and
costs is liable for ten years. Property, savings, pensions and vehicles,
can be confiscated and wages garnished for the full ten years. Four
others; two who were convicted of contempt of court, one defendant that
had the contempt charges dropped and myself, who has never been charged at
all, face several years of continued harrassment and the possibility of a
$500,00- $1,000,000 bill for INTERFOR's costs.
Interestingly, if any one of us had the cash, s/he would be liable for the
full amount. Then they would have to sue the others for their share. With
a bravery I find deeply moving, protests have continued in spite of jail
sentences of up to 45 days for a first offence of contempt of court and
these new consequences in the civil suit.
As things now stand, we are faced with a long battle to fight this nasty
SLAPP. A legal defence fund is being set up and lawyers are being
solicited for help. The SLAPP against at least six people is being
pursued vigorously by INTERFORs corporate law firm.
It is I believe essential that corporations not be allowed to profit from
such sleazy tactics. I think that as a movement we must make it clear
that we won't abandon the front line and in fact focus our attention on
companies who use dirty tricks against individuals as well as against the
environment.
I am going to use this opportunity to call on you to do what you can to
show that it is unacceptable to add civil to criminal charges, and to use
corporate deep pockets to attempt to strangle dissent. Especially
significant in my mind would be if anyone of you were to take on this
campaign BECAUSE INTERFOR was suing individuals. This would be to me the
ultimate SLAPP- back to INTERFOR. FAN is putting together a legal defence
fund and a pool of lawyers. We need you help now. Write, fax or e-mail
us at FAN. Contributions to our legal defence fund or to our ongoing
campaign fund are essential tostop this attempt to crush dissent. Keep up
your good work and keep up the fight for a healthy planet.
FAN can be contacted by e-mail: fan@alternatives.com (250) 799-5800
telephone, (250) 799-5830 fax Forest Action Network, box 625, Bella Coola
BC V0T 1C0, Canada Please mark any donations legal or campaign.
PLEASE NOTE THE CHANGE IN AREA CODE FOR PHONE AND FAX...
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/ / / /| /
/-- /---/ / | /
***** / . / /. / |/. F O R E S T A C T I O N N E T W O R K *****
* *
* Box 625, Bella Coola, BC, Canada V0T 1C0 *
* TEL 250-799-5800 FAX 250-799-5830 EMAIL
fan@alternatives.com *
* *
* http://www.alternatives.com/fan/ *
* *
************ CAMPAIGNING TO SAVE THE GREAT COAST RAINFOREST
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email: nfnena@igc.apc.org