Daishowa Attempts to Explain Appealing
Against a Non-Existent Boycott

Friends of the Lubicon
485 Ridelle Ave.
Toronto, ON M6B 1K6
tel: (416) 763-7500
fax: (416) 535-7810
e-mail: fol@tao.ca

Here is a copy of a letter sent to Amitie Lubicons-Quebec by Tom Cochran, Director of Corporate Development for Daishowa. Cochran is attempting to explain why Daishowa is appealing to the Canadian Courts to shut down a non-existent boycott of their paper products.

The letter is followed by a rough english translation.

Daishowa has been telling people -- as if this matters -- that the Friends of the Lubicon have also launched an appeal of Justice MacPherson's decision. That's true. Once Daishowa filed their appeal and it was clear that the Daishowa legal action would not be laid to rest, FOL filed a cross-appeal of the portion of the decision which banned the use of certain words in the course of their boycott campaign. If the Daishowa case is to be heard again, and FOL unwillingly plunged again into a lengthy and expensive legal battle, FOL intends to make the case that the Courts should not restrict the use of historically accurate language to describe the process the Lubicon society is being subjected to -- even if that historically accurate language is disturbing to non-Native ears.

Lastly, Daishowa is telling people that this legal action is not an action against FOL but merely a disagreement with the judge. Portraying a massive legal action aimed at taking away the public's right to speak out about a company's actions as merely a disagreement with a judge isn't fooling anybody. Daishowa tried to tell the Lubicons the same thing when they began the legal action back in 1995 -- that it had nothing to do with Daishowa's attempt to clear-cut massive portions of traditional Lubicon territory, and in fact had nothing to do with the Lubicons at all. The action, Daishowa explained, was just directed at a few of the Lubicon Nation's supporters.

The Lubicon Nation responded the way Canadians should respond to this current action -- they told Daishowa that an action against their allies was an action against them and would be responded to as such.

 

______________________________________________ DAISHOWA FOREST PRODUCTS LTD

March 26 1999

Amitie Lubicons-Quebec
CP 854
Kanesatake
Territoire Mohawk
Quebec Canada
J0N 1E0

Messieurs

Pour faire suite a vos lettres du 11 septembre 1998 et du 15 mars 1999, nous vous confirmons notre intention de faire appel du Juge Macperson.

Notre decision est basee sur le fait que la majorite des preuves que nous avons presentees sur le sujet du boycottage secondaire n'ont pas ete contestees. Nous croyons que la decision du juge Macpherson de ne pas accorder l'injonction restreignant le piquetage est une decision basee essentiellement sur une politique legale plutot que sur les faits mis en evidence. L'appel est donc base sur des points juridiques tres techniques et n'est pas dirige vers FOL mais conteste plutot l'opinion du juge.

Nous voulons egalement souligner que FOL fait aussi appel de la decision.

Sincerement,

Tom Cochran,
Directeur, developpement corporatif

TRC/dm

Bce Place, 181 Bay Street, Suite 1540, Toronto Ontario Canada, M5J 2T3 Tel (416) 862-5000 Fax: (416) 862-7514.

__________________

(rough translation)

Dear Sirs;

Further to your letters of September 11, 1998 and March 15, 1999, we wish to confirm our intention to appeal the decision of Justice MacPherson.

Our decision is based on the fact that the majority of evidence which we presented on the subject of secondary boycotts was not contested. We believe that Justice MacPherson's decision not to grant an injunction restraining picketing was a decision based essentially on judicial politics rather than on the facts. The appeal is therefore based on very technical legal points and is not directed at the Friends of the Lubicon but is moreover contesting the judge's ruling.

You should be aware that FOL has also appealed the decision.

Sincerely,

Tom Cochran,
Director, Corporate Development

___________________________________

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