Industry Sues Anti-Fish Farm Activist
Sparring in the fish farm debate has mutated into a
full-fledged boxing match in the Supreme Court around the issue of free
speech and the health implications of the industry.
Fish farm critic Don Staniford, centre, had a
defamation lawsuit filed against him after he compared the fish farm
industry to big tobacco. He is seen here with his lawyer David
Sutherland, left, and UVic Environmental Studies professor John Volpe. (photo: Mark Worthing)
Fish farm critic
Don Staniford has found himself in a 20-day defamation lawsuit, with
only one month left in the country before his deportation back to the
U.K.
“This is one person and a lawyer taking on a multinational corporation,” Staniford told the Martlet last week.
Mainstream Canada, the second largest international aquaculture
company in Canada, has filed a defamation law suit against Staniford for
an electronic media campaign that compares the fish farming industry to
the tobacco industry, cigarette smoking and cancer. The lawsuit is
viewed by many as a strategically convenient way to silence Staniford on
the controversies surrounding fish farms.
Mainstream Canada is a subsidiary company of Cermaq, a Norweigan fish
farm and fish-farm feed company traded on the Oslo Stock Exchange. And
Staniford believes that the Norwegian government may be playing a
godfather role in the politics of the international fish farm industry.
Ninety-two per cent of British Columbian fish farms have Norwegian
parent companies based in Oslo.
“Cermaq is owned by the Norwegian state,” says Staniford. “Its
largest shareholder is the Ministry of Trade and Industry. They operate
with subsidiaries all around the world. This is a huge billion-dollar
company . . . with [operations] in Norway, Chile, Scotland, Canada and
Vietnam.”
The “Salmon Farming Kills” ad campaign was released in January of
2011, targeting Norwegian owned and operated fish farming companies
operating internationally, including in British Columbia. Exactly one
year later the plaintiff — Mainstream Canada — opened 20-day defamation
case against Staniford, who is represented by his lawyer David
Sutherland.
The Canadian Boarder Service Agency and security personnel showed up
on the first day of the trial to inform Staniford that the Liverpool
native would be deported once his court case was finished.
For someone whose Visa had expired, getting into legal battles isn’t
the best way to lay low, but Staniford believes that his deportation may
be part of a larger political narrative at play. He now has a second
lawyer and a security officer who will escort him directly to the
airplane at the end of the month.
The judge in the case, Elaine Adair, has ruled to limit the arguments
of the lawyers to the issues of the health implications of only
Mainstream Canada’s British Columbian fish farm operations. The
fundamental question being discussed is whether comparing the fish farm
industry and their products to the tobacco industry and their products
is inherently defamatory.
“What is most important is the conservation of the right of
individuals to publicly criticize what they feel needs to be criticized
without fear of litigation,” says UVic Environmental Studies professor
John P. Volpe.
Volpe (who advises his UVic students against eating farmed salmon)
was Staniford’s only witness called to the stand by Sutherland.
“There is a laundry list as long as your arm, as to why someone would
choose not to eat farmed salmon, ranging from ecological, health issues
and social injustices. But for me the largest issue is that doing so
contributes to the devaluation of wild salmon . . . Salmon is five
percent fins and scales and 95 per cent rivers, oceans and forest. By
devaluing salmon, we’re devaluing our entire ecosystem upon which we
survive,” Volpe explains. However, on Jan. 31, the judge ruled that
Volpe was inadmissible to testify and was dismissed as an expert
witness.
“It’s a war of attrition. They are clearly trying to browbeat me,” says Staniford, “to put pressure financially on me.”
The concern that this court case is a restriction of free speech has
caused an outpouring of donations to Staniford. UVic’s West Coast
Environmental Law (WCEL) has given Staniford $20 000 from the
environmental resolution dispute fund. A group of Norweigan fishermen
gave him $10 000 in solidarity with Norwegian fish farm struggles. And
he is utilizing a new online crowd-sourcing fundraising tool called
gofundme.com where people can donate to the cause online. So far they
have raised $28 000 online in less than three weeks, and the goal is
$50 000.
“The support from here in British Columbia and around the world,
including in Norway, has been phenomenal. Every day of trial costs me
$3 000 just in legal bills. So we’re on schedule after day eight, but we
need to raise more funds,” says Staniford.
“The plaintiff is suing for allegations that their reputation has
been damaged by something published or said by the defendant,” explains
Sutherland. “Very, very frequently where it concerns something in the
public interest, like consequences of fish farming on public land and on
the market, there will be public interest gagged, and therefore there
is always going to be some concern about the affect of libel on freedom
of speech.”
The Mainstream versus Staniford court case is scheduled to finish on
Feb. 10 unless in the event of an extension. And Staniford has no
intentions of slowing his campaigning down.
“Here in British Columbia it’s a key moment in the battle to save
wild salmon. Wild salmon are the backbone of the B.C. coast. They are a
cornerstone of the province. They fertilize the forest. They are a whole
connecting force in British Columbia. So if we can stand together and
defend wild pacific salmon against these corporations, I think everybody
wins,” says Staniford.