June 14, 1997
Enclosed for your information are copies of correspondence and other
materials pertaining to efforts by Japanese forestry giant Daishowa to
use Canadian law and the Canadian courts to suppress a consumer
boycott of Daishowa paper products. The boycott was organized by
supporters of the Lubicon Lake Indian Nation whose unceded traditional
territory Daishowa threatens to clear-cut at the rate of some 11,000 trees
per day.
In January of 1995 Daishowa announced that it would be asking the
Canadian courts for a temporary injunction of the Lubicon boycott
pending the hearing of Daishowa's application for a permanent
injunction. In May of 1995 the application for a temporary injunction
was denied by Ontario Court Judge Francis Kiteley but she also ordered
boycott organizers to stop using the word "genocide" to describe the
impact of unbridled resource exploitation activity on Lubicon society,
because, she said, the term "genocide" cannot be used to characterize
Daishowa's actions to-date, and she also ordered boycott organizers to
stop referring to a meeting in March of 1988 during which Daishowa
agreed to stay out of Lubicon territory pending settlement of Lubicon
land rights, because, she said, the existence of that agreement isn't
proven.
The Kiteley decision was overturned on appeal in January of 1996 and a
temporary injunction of the boycott was ordered which is still in effect.
More detailed information on this frightening use of the Canadian courts
to effectively suppress free speech and deny consumers information on
corporate misdeeds is available in Lubicon mail-outs dated February 7,
1995 , September 7, 1995 and March 28, 1996.
(You will find the original postings of those mailouts in NativeNet's
WWW archives.
The Feb 7, 1995 mailout was posted 20 Mar 95 "Lubicon Cree &
Daishowa Paper"
(part-1) http://bioc09.uthscsa.edu/natnet/archive/nl/9503/0213.html
(part-2) http://bioc09.uthscsa.edu/natnet/archive/nl/9503/0212.html
The Sept 7, 1995 mailout was posted 21 Sep 95 "Lubicon Mailouts"
(concerning the Daishowa boycott)
http://bioc09.uthscsa.edu/natnet/archive/nl/9509/0154.html
The March 28, 1996 mailout was posted 19 Apr 96 "Daishowa boycott
update"
http://bioc09.uthscsa.edu/natnet/archive/miscdoc/lubicon960419.html)
On Friday, June 13th Daishowa lawyers sent legal counsel for boycott
organizers a letter threatening to bring contempt proceedings over
comments made by boycott organizers and by a lawyer for boycott
organizers during a television program on injunction of the boycott. The
letter claims that remarks made during that television program are in
contempt of Justice Kiteley's order not to use the accurate word
"genocide" to describe what's being done to the Lubicon people.
Apparently Justice Kiteley's order not to say anything "intemperate"
about Daishowa still stands, even though her decision declining to grant
a temporary injunction was overturned. So goes it with Daishowa and
the Canadian courts.
The irony of this huge, wealthy, powerful transnational corporation
threatening people concerned about human rights and the environment
with multi-million dollar damages and contempt charges over being
called a bully is near overwhelming.
People concerned about the plight of the Lubicon, about the
environment, about free speech, about freedom of the press, about
consumer rights and about transnational corporations bludgeoning into
submission anyone who dares question their actions should write
Daishowa Executive Vice President Tom Hamaoka and let him know
what you think of the tactics of his company and what Daishowa can do
with it's paper products.
People wishing to join the boycott of Daishowa paper products are
encouraged to contact the Toronto Friends of the Lubicon.
Mr. Hamaoka's mailing address is:
Tom Hamaoka
Executive Vice President
Daishowa-Marubeni International Ltd.
Suite 1700
1095 Pender Street
Vancouver, British Columbia V6E 2M6
The Toronto Friends of the Lubicon can be reached at:
Friends of the Lubicon
485 Ridell Avenue
Toronto, Ontario M6B 1A6
E-Mail: fol@tao.ca
=============================================
Lerner & Associates
Barristers and Solicitors
Suite 2400, Box 95
130 Adelaide Street West
Toronto, Ontario M5H 3P5
Telephone: 416-867-3076
Facsimile: 416-867-9192
J
une 13, 1997
BY FACSIMILE
Ms. Karen Wristen
Sierra Legal Defence Fund
131 Water Street
Suite 214
Vancouver BC V6B 1H6
Dear Ms. Wristen:
Re: Daishowa Inc. V. Friends of the Lubicon et al.
We have been provided with the transcript of a segment which aired
on the CBC Newsworld program "Big Life" on Tuesday, June 10,
1997. A copy of the transcript is enclosed. We are of the view that
statements made during this segment are in contempt of the order
of Madame Justice Kiteley dated May 19, 1995. In particular, the
reference by Min Sook Lee to a connection between "Daishowa"
plans to "clear cut" and the "genocide" of the Lubicon, the reference
by Kevin Thomas to "Daishowa" as "the bullies" destroying Lubicon
society, and the comments by Clayton Ruby about the failure "to
honour treaty with Indians" and "Respect Indian land" are, in our
view, precisely what Madame Justice Kiteley's order prevents
Friends of the Lubicon and those with knowledge of the order from
stating or insinuating.
We consider this incident to be serious in nature. We intend to raise
it with Madame Justice Kiteley by letter and at the next case
conference. We also intend to raise it with the trial judge, Mr. Justice
MacPherson. In addition, we are seeking instructions from our
clients as to whether to formally act on these statements by bringing
contempt proceedings.
We insist that you immediately communicate our position to your
clients and advise them to cease any conduct in contempt of court
order. In addition, either you, your clients or Clayton Ruby should
advise CBC Newsworld that statements made in this segment are,
in our view, in contempt and accordingly should not be re-broadcast.
We understand CBC Newsworld plans to re-broadcast the segment
on the evening of Saturday, June 14, 1997.
In light of the seriousness of this matter, we expect an immediate
response from you to this letter.
Yours very truly.
Peter R. Jervis
====================================================
June 13, 1997
Mr, Peter Jervis
Lerner & Associates BY FACSIMILE TRANSMISSION
Barristers & Solicitors TO NO. (416) 867-9192
2400 - 130 Adelaide St. West
Box 95. Continental Bank of Canada Building
Toronto, ON M5H 3P5
Dear Mr. Jervis:
Re: Friends of the Lubicon ats Daishowa Inc.
I acknowledge receipt of yours of today's date concerning the
CBC Newsworld broadcast og "Big Life". I have reviewed the
transcript and do not agree with your assessment that anything
said by either my clients or Mr. Ruby constitutes contempt of
court.
As for Min Sook Lee, she is a journalist with CBC and I have no
authority to tell her wht she may or may not say. If you feel that
the repeat broadcast would violate the terms of Mme. Justice
Kitley's Order, you have appropriate remedies against the CBC.
Yours very truly,
Karen G. Wristen
============================================
CBC Newsworld - Big Life, with Daniel Richler
June 10, 1997, 11 PM
Reporter: Min Cook Lee
Kevin: Kevin Thomas (Friends Of The Lubicon)
Ruby: Clayton Ruby (Lawyer)
Steve: Steve Kenda (Friends Of The Lubicon)
Announcer: Now as a good citizen and consumer, if I have a
complaint with a certain company's philosophy or policy; what do I
do? I boycott my product, right? Say for example, Daishowa.
Now, Daishowa is a huge multinational pulp and paper
corporation that happens to have timber rights on traditional
Lubicon Cree land. A little while ago a group called Friends of the
Lubicon began informing consumers which companies were
buying paper products from Daishowa. For example, Pizza Pizza.
Buying a piece of Pizza Pizza pizza, they said, meant that in
some way you were helping Daishowa stay in business. As a
result, many consumers who did feel bad about logging practices
there stopped buying pizza. Next, Pizza Pizza stopped buying its
paper products from Daishowa. Victory for the little guy - down
with the multinationals! Case closed, or is it? Because as Min
Sook Lee reports this case is about to blow wide open again.
Reporter: How do people make their voices heard when they
disagree with the powers that be? When it seems like
governments, big business or media aren't listening? There are a
lot of things. We've starved ourselves, spray painted seals,
chained ourselves to fences, or simply stopped buying things like,
say, tuna packed with dolphins. These things have worked,
especially the last one. Boycotting products made by the
companies we hate is one of the most important weapons at our
disposal - as the consumer, as the little guy. Case in point, the
Lubicon First Nations People of Alberta. The Lubicon called for
an international boycott of paper products made by Daishowa, a
Japanese pulp and paper company. The Lubicon say the
company's plans to clear cut ancient and disputed territory would
constitute the genocide of their people.
Kevin: All along we've said that what's happened to the Lubicon,
with them losing their land and their livelihood, and then having
their society destroyed is what is going to happen to the rest of
society if we let these bullies push people around.
Reporter: A group called Friends of the Lubicon organized an
information campaign aimed at consumers of Daishowa paper
products. If you bought donuts from Country Style they came in a
paper box made by Daishowa. Same with an order of the
Colonel's finest, bagged by Daishowa. Holt Renfrew,
Bootleggers, Cultures - all used Daishowa paper products. That
is, until Friends of the Lubicon persuaded them to stop buying
from Daishowa. There were holdouts like Pizza Pizza but not for
long. Picketers persuaded them and Woolworths that they were
better off using a different bag. It could have been a happy
ending for the Lubicon and their friends, but Daishowa fought
back. In an unprecedented move they sued the little guy for big
bucks - some five million dollars. Their lawsuit is based on some
dusted off, obscure tort laws.
Ruby: SLAPP is a suit, and it started in the United States, where
a big powerful company hires lawyers. And because they've got
trillions of dollars, they sue. They sue everybody in sight. They
sue all the environmental protesters, all the people who are trying
to organize against them. Some of those suits have merit, most
of them do not. But the object of it is not win the lawsuit, the
object is to bankrupt those who you are suing by the high cost of
litigation.
Reporter: Basically, Daishowa is trying to prove that the Friends
of the Lubicon consumer boycott constituted an unnatural
interference between its relationship with its customers like Pizza
Pizza and Bootlegger. This, they claim, made it impossible for
them to make dollars, therefore they should get dollars - five
million of them. But most importantly, if Daishowa wins it will
change the very nature of consumer advocacy in Canada.
Ruby: If the precedent stands there's going to be very little
consumer organizing in this country. Unlike the United States,
there'll be absolutely no chance for people to get together and
say, "We're going to follow someone's products to the
marketplace and if you do business with them, because they've
done a wrong thing, such as fail to honour treaty with Indians, fail
to respect Indian land, we're going to boycott anybody who does
business with them. That will become impossible. The whole
consumer boycott idea will be a non starter in Canada.
Kevin: People have been stomped on for speaking out about
issues of public importance in their country, in their own country.
These Japanese multinationals are using the Canadian courts to
shut down a group of Canadian citizens from speaking about
important issues in their own country.
Steve: I think that we could lose. I think it's a little bit difficult to
imagine what will happen when we lose.
Kevin: We could picket all day long at the head office in
Edmonton and nothing goes on there. There's no chance of
influencing company behaviour by a boycott there. They want the
strike and the picketers where it won't harm them economically.
Reporter: There are just a few well tread paths towards political
expression. Boycotts and pickets are one of the time honoured
routes ordinary citizens have travelled and now we're being told
we're trespassers? Is it right for a corporation to disallow
consumers from exercising their rights to let you know about the
background of a corporation's activities, and then the right to
decide not to purchase products based on this kind of
information'? This isn't just a story about one small group of
people and their cause. It's a story about power - the use,
control and abuse of it.
__________________________
Reinhard Trink
e-mail: rtrink@ibm.net
Am Hundsturm 13/14
A-1050 Vienna, AUSTRIA
phone/fax: ++43-1-545-6794