SIERRA LEGAL DEFENCE FUND
FOR IMMEDIATE RELEASE
APRIL 14, 1998
(Toronto)(Vancouver) In a landmark ruling handed down today by the
Ontario Court, a consumer boycott launched by Toronto-based Friends of
the Lubicon was ruled to be not merely legal, but "a model of how such
activities should be conducted in a democratic society."
Dismissing the claims of forestry multinational Daishowa for a permanent
injunction, Mr. Justice James MacPherson observed that the protection of
the Canadian Charter of Rights and Freedoms must be extended to protect
political expression on issues of public importance. "The plight of the
Lubicon [Cree Nation of northern Alberta] is precisely the type of issue
that should generate widespread public discussion", said Justice
MacPherson.
The Friends began a consumer boycott in 1991, following the announcement
that the Province of Alberta had granted logging rights to Daishowa over
lands traditionally used and occupied by the Lubicon Cree Nation. The
Lubicon, already suffering from the effects of massive oil and gas
development, are fighting to protect their lands while they attempt to
negotiate a treaty with the Canadian government.
Four years into the boycott, the corporation sued, claiming among other
things that the boycott was an "intentional interference with economic
relations" of Daishowa and should be restrained by the Courts.
At issue in the case was the ability of corporations to use the courts
to silence public debate on matters of public interest, involving the
corporation’s activities. Reasoning that corporate rights to commercial
expression have already found protection in the Charter the Court said,
"If the great principle of freedom of expression protects a corporation
…then is there any reason why the same principle should not protect a
small group of consumers…from saying to fellow consumers: "here is why
you should not buy Daishowa’s products?"
"The ruling has profound implications for every activist, everyone who
expresses opinion publicly," said Friends’ lawyer Karen Wristen of
Sierra Legal Defence Fund. "The affirmation of the democratic right of
free expression in this judgment is a badly needed antidote to the
growing sense of corporate control and domination of the political
agenda that is perceived in the activist communities in which we work."
While permitting the consumer boycott to proceed, the Court did impose
some restrictions on the language to be used by the Friends in future
communications. Observing that the Friends’ use of the word "
(to describe the process of cultural destruction in which the Lubicon
find themselves embroiled) was carefully considered and honestly
represented the Friends’ viewpoint, Justice MacPherson found that the
public would not have perceived the term to have been used in the sense
urged at trial. He ordered that the word should no longer be used; nor
should there be any further reference to an alleged breach on Daishowa’s
part of an agreement made with the Lubicon in 1988.
For their part, the Friends will call for a moratorium on all boycott
activities for the next ten days, to permit Daishowa time to decide
whether or not they will give a clear, unequivocal and public commitment
to refrain from cutting timber, or buying timber cut from Lubicon lands
until such time as the Lubicon land rights issue has been settled and an
agreement struck between the Lubicon and Daishowa for forestry
operations which respect Lubicon environmental and wildlife concerns.
The Friends of the Lubicon are a small, Toronto-based support group
working to raise awareness of the plight of the Lubicon Cree Nation of
Northern Alberta.
Sierra Legal Defence Fund is a society incorporated under the B.C.
Society Act, having its head office in Vancouver. Operating as a
charity, the Fund provides the services of lawyers and scientists free
to groups and individuals fighting for environmental protection across
Canada.
For Further Information, Contact:
Regarding the decision and its implications:
Karen Wristen Sierra Legal Defence Fund 604-685-5618
Chris Tollefson University of Victoria 250-721-8140
Regarding the boycott and future plans:
Kevin Thomas, Stephen Kenda and Ed Bianchi
416-763-7500