Daishowa v. Friends of the Lubicon Trial Update
Daishowa charged with conflict of interest
We began the day with a court support rally at Nathan Phillips Square, next to the courthouse (361 University Ave). One of the defendants, Ed Bianchi, acting as emcee, introduced the speakers. Our honoured guests from the Lubicon Lake Cree Nation, Reinie Jobin and Dwight Gladue, spoke about the devastation their people have suffered and offered kind words of support for the Friends of the Lubicon. Karen Wristen, FOL's lawyer from the Sierra Legal Defense Fund, discussed the importance of this trial regarding freedom of expression. Bill Phipps, newly elected Moderator of the United Church of Canada, in his first public appearance as Moderator, called the trial an "abuse of the justice system" which ties up resources just to keep people quiet. The crowd of over 200 people responded with sustained applause.
Proceeding to courtroom 4-2, the people were surprised when a motion to dismiss the trial based on conflict of interest was presented by Owen Young, counsel for the Lubicon Nation. John Hunter, lawyer for Daishowa Marubeni Interantional (DMI), who was sitting in court today, is a member of Davis & Co., a law firm that was retained by the Lubicon Lake Cree Nation to advise them in connection with land claims from 1986 to 1988. Mr Hunter appeared in court to deal with any matters affecting the interests of DMI which might arise during the trial. Mr Young argued that sensitive information disclosed by the Lubicon to Davis & Co. during the period 1986-1988 may have been used in the preparation of an expert witness report served last week by Daishowa. Having raised the issue of conflict, he said, the onus was on Daishowa to prove that a conflict of interest doesn't exist.
Mr Justice McPherson requested preliminary arguments on the issues of the standing of the Lubicon Nation to bring this motion, and the timeliness of the motion.
Mr Young discussed the public interest in the maintenance of privilege in the solicitor-client relationship and the risk of passing confidential information that could be detrimental to the Lubicon.
Mr Jervis contended that there was prior knowledge of the relationship between Davis & Co. and the plaintiff based on past hearings and statements of fact, stating that Kevin Thomas, FOL, had regular communication with Lubicon Chief Bernard Ominayak and Lubicon advisor Fred Lennarson. He submitted that the motion should have been brought long ago.
Mr. Justice McPherson adjourned court after hearing the submissions and reserved judgement until tomorrow morning at 10 am.
The Daishowa v. Friends of the Lubicon trial will continue Wednesday September 3 at 10 am at Courtroom 4-2, 361 University Ave., Toronto. For more information call (416) 763-7500 or e-mail Friends of the Lubicon at fol@tao.ca
Joining Friends of the Lubicon in court Wednesday will be the Anduhyaun Lodge, who will be bringing their people out to witness the trial. Each day of court has been sponsored by various organizations who are bringing their members to court to support the Friends during the trial.
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