As of May 4, 2000, the Daishowa v. Friends of the Lubicon court battle has ended signaling closure in a twelve year long dispute between Daishowa and the Lubicon Nation.
On April 7, 2000, Daishowa-Marubeni International (DMI) Executive Vice President Tom Hamaoka wrote to Lubicon Chief Bernard Ominayak. In that letter, Hamaoka states that :
"I.. wish to re-confirm DMI's original commitment made to you in our letter of May 20, 1998. For further clarity, however, we also wish to confirm to you that DMI will not be harvesting trees, nor will DMI buy any fibre from the Lubicon area of concern until your land issue is resolved between the Lubicon and both levels of government, including harvesting rights, fish, and wildlife concerns. Furthermore, we wish to assure you that DMI will not purchase any fibre from the Lubicon area of concern. Naturally, this commitment to not purchase includes any fibre that any new owners of the Brewster mill might propose to take from the Lubicon traditional area."
Daishowa's definition of the Lubicon "area of concern" was confirmed by a letter and map from DMI on June 9, 1998 as being approximately the 10,000 square kilometre unceded Lubicon traditional territory.
On Thursday May 4, 2000, an Ontario Court of Appeal panel of three judges entered into the court record a last-minute out-of-court settlement agreement between Daishowa and Friends of the Lubicon, whereby both parties abandoned their appeals and ended the five year legal dispute between Daishowa and the Friends of the Lubicon. That settlement agreement is attached below.
The out-of-court settlement preserves the 1998 Ontario Court judgment by MacPherson J. affirming the right of Canadian citizens to organize a peaceful consumer boycott as had been conducted by Friends of the Lubicon.
As long as Daishowa honours its commitment to the Lubicon Nation, the Friends of the Lubicon have agreed to refrain from boycotting, picketing, demonstrating, publicly protesting or carrying out similar activities against DMI or any of the Daishowa group of companies undertaken to secure the commitments Daishowa has now made to the Lubicons in their April 7th letter. This re-affirms the commitment FOL already made in a letter to Daishowa on June 12, 1998
Now that Daishowa has made the commitment being asked of it and has abandoned its legal action against the Friends of the Lubicon, the Friends of the Lubicon respectfully request that as long as Daishowa honours its commitment to the Lubicon Nation, any group supporting the Lubicon or FOL also refrain from boycotting, picketing, publicly protesting or carrying out similar activities against DMI or any of the Daishowa group of companies undertaken to secure the commitments they have now made to the Lubicons in their April 7th letter or to convince Daishowa to end the legal action against FOL. Both goals have been reached and it's time we moved on to fight for Lubicon land rights on another front.
The settlement agreement states that if DMI or any of its related companies fails to honour its commitments to the Lubicon Nation, FOL is freed from all of FOL's commitments made in the settlement agreement.
------------------------------------------------------------Daishowa v. Friends of the Lubicon, et al
SETTLEMENT AGREEMENT1. Daishowa Inc. agrees to abandon their appeal of the decision of Justice MacPherson without costs.
2. The Friends of the Lubicon agree to abandon their cross-appeal of the decision of Justice MacPherson without costs.
3. The Friends of the Lubicon ("FOL") undertakes to refrain from and publicly re-affirm an end to all boycotting, picketing, demonstrating, publicly protesting or similar activities against Daishowa Marubeni International Limited or any of the Daishowa group of companies or their customers which may have been undertaken in relation to the commitments referred to in this agreement and in relation to the activities (actual or prospective) and commitments referred to in the correspondence dated April 7, 2000 from Tom Hamaoka to Lubicon Chief Bernard Ominayak (attached). The FOL will relay written notice of that commitment to its supporters and any other Lubicon solidarity groups. The FOL will request in good faith that any group which has been formed in support of the Lubicon or the FOL terminate the activities referred to above.
4. The FOL will post a statement on their web site consistent with the undertaking set out in paragraph 3.
5. In the event that any other group of Lubicon supporters or solidarity groups commences any boycott, picketing, demonstrations, public protests or similar activities against any of the Daishowa group of companies or Daishowa Marubeni International Limited or their customers in relation to matters described in paragraph 3, the FOL agrees that it will for a period of ten years send a copy of this agreement and the public statement referred to in paragraph 3 to said group and request in good faith that they terminate these activities.
6. If Daishowa Marubeni International Ltd. or any of its related companies fails to honour its commitments to the Lubicon Lake Indian Nation as specifically referred to and set out in correspondence dated April 7, 2000 from Tom Hamaoka to Lubicon Chief Bernard Ominayak (attached), the Friends of the Lubicon shall be released from their undertakings as set out in this agreement and Daishowa Marubeni International Ltd. or any of the Daishowa group of companies shall cease to distribute, publish, or broadcast the written commitments referred to in paragraph 3 above.
7. If the FOL fail to honour the undertakings set out in this agreement, the parties hereto understand that Daishowa Inc. may decide to apply for an injunction to enforce the undertakings set out in paragraphs 3 and 5 herein and seeking the injunctive relief requested in Daishowa Inc.'s appeal in Action No. C29713; if that occurs, the FOL undertakes not to object to the application for an injunction on the ground that the said appeal has been withdrawn.
DATED at Toronto, this 3rd day of May, 2000
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Friends of the Lubicon
DATED at , this day of May, 2000
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Daishowa Inc.