Court Update: Day 19; Monday, November 24, 1997 Conflict of Interest Motion Dismissed (Deja Vu)
Justice James MacPherson heard arguments for a conflict of interest motion today from Lubicon Nation lawyer, Owen Young. Lubicon conflict charges stem from Daishowa's intention to submit a report attacking Lubicon land rights at the trial. The report was prepared for Davis and Company, which worked extensively for the Lubicon Nation in 1986 to 1988 and had access to confidential solicitor-client information. The Lubicon Nation has launched a conflict of interest lawsuit against Daishowa's lawyers, and asked Justice McPherson merely to delay the Daishowa v. FOL trial until Davis and Co. could respond to the Lubicon charges. Daishowa counsel, Peter Jervis, used the same arguments that he used on September 2nd and 3rd when the conflict of interest motion was first brought up. Mr. Jervis said that the motion should be dismissed because of standing and timeliness. Mr. Jervis argued that the Lubicon were not party to the current trial Daishowa vs. Friends of the Lubicon and would not be affected by the Judge's decision, using Justice MacPherson's own words from his judgement in September. Essentially Mr. Jervis said that nothing had changed so the same ruling still applied. Lubicon Nation counsel Owen Young argued that there was new evidence that did change things: Mr. Hunter had conducted cross-examination of Fred Lennarson and Archbishop Ted Scott, and had therefore acted directly on behalf of the plaintiff, Daishowa Inc. rather than simply advising on matters relating to his client, Daishowa Marubeni International, as had formerly been argued. Karen Wristen, FoL counsel, raised the point that as a result, Chief Bernard Ominayak is now in a position where he will be cross-examined by a lawyer from the firm that formerly worked for him. After a short break, Justice MacPherson dismissed the motion and said he would provide his reasons tomorrow. Court was adjourned until 10 a.m. Tuesday; please check with court guards on the first floor to confirm the courtroom. Lubicon Chief Bernard Ominayak will testify Tuesday on behalf of FoL and former Federal Justice Minister and B.C. Supreme Court Judge E. Davie Fulton will testify on Wednesday. Daishowa's reply evidence will follow, and closing arguments will be heard next week.
Joining us in court today were members of a number of groups, including students from MacMaster University in Hamilton and Trent University in Peterborough. Maogosha Pyjor from CASNP handed out the latest issue of their publication, The Phoenix, which has a strong article in support of FoL. Chi-Meegwetch! FoL gratefully acknowleges the Canadian Friends Service Committee (Quakers) for providing lunch today. Also, the Church of the Holy Trinity has continued to provide facilities for lunch; a very special note of gratitude!
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