Mainstream Canada, a subsidiary of the Norwegian Government-owned multinational Cermaq, filed an appeal in the Court of Appeal in British Columbia (15 October).
Read the 'Notice of Appeal' - online
here
"Mainstream Canada says in a release announcing the appeal that Adair’s decision, if it stands, could compromise healthy debate on matters of public policy," reported The Canadian Press (15 October). "The company says that public policy debates should be based on fact, and critics should be accountable for their comments."
"Mainstream Canada and their parent company Cermaq have once again ignored the first rule of PR: when in a hole stop digging," commented Don Staniford who will be fighting the appeal. "Cermaq's knee-jerk reaction to appeal is yet another case of this multi-million dollar company shooting itself in the foot. Common sense is clearly not a currency this Norwegian-owned multinational is used to dealing in"
"The ugly truth is that Norwegian-owned salmon farming kills all around the world," continued Staniford. "No amount of sabre-rattling, intimidation and bullying by this Norwegian Government-owned corporation will alter the fact that salmon farming kills sea lions, spreads infectious diseases and even results in the death of their own workers."
Counsel for Mr. Staniford, David Sutherland, said (16 October) that he does not want to argue the appeal in the public media. "The issues of fact and law are well laid-out by the trial judge in her careful reasons, which have not been accurately characterized since the decision by the salmon farming industry," said Sutherland. "Generally, freedom of speech is most important in contexts where people strongly disagree. There must be scope for expression of opinion, apparently based on fact that can be proved, as here, no matter how "exaggerated and obstinate" the opinion may be."
According to Mainstream Canada's press statement
(15 October): "Mainstream believes this decision, if left to stand
without an appeal, has the potential to compromise healthy public debate
on matters of public policy. While such debate should be encouraged,
it should be based on fact, and critics should be held accountable for
their public commentary."
Mainstream's lawyer David Wotherspoon said: "We are pleased that the judge acknowledged the good work by Mainstream and that she found that the activist's comments were defamatory. While it is disappointing that she ruled against us on a technical legal issue, we will pursue this vigorously in the court of appeal."
"We need to think about that in company with the fabulous work of Joel Bakan about whether corporations are essentialy mentally ill," said Staniford's lawyer David Sutherland following the trial in February 2012. "They are driven by profit, but they qualify for the elements of mental illness."
Read more via "Media lawyer for Don Staniford calls for changes in the way corporations can sue for loss of reputation"
Last month (28 September), Mainstream Canada suffered an embarrassing legal defeat when Justice Adair dismissed their case.
Read the Judgment in full online here
The Vancouver Sun reported (28 September): "In an emailed statement, Staniford maintained his attack on the industry at full volume.
“This judgment is a victory for free speech,” he said. “The Norwegian government’s malicious attempt to abuse the Canadian courts to muzzle fair and honest criticism of Norwegian-owned salmon farming has back-fired spectacularly. Cermaq should now go back to Norway taking their disease-ridden salmon feedlots with them.”
For more details visit GAAIA's web-site and read:
“Norsk oppdrettsgigant tar lakseaktivist til retten igjen” (Aftenposten, 16 October)
“Don Staniford’s response to Cermaq’s appeal” (You Tube, 16 October)
“Activist sticks to his guns in face of court appeal” (The Courier-Islander, 16 October)
“B.C. salmon farming company appeals judge's ruling in defamation case” (The Canadian Press/Ottawa Citizen, 16 October)
“Mainstream Canada appeal Staniford ruling” (The Westerly News, 16 October)
“Mainstream Canada appeals defamation ruling” (Mainstream Canada, 15 October)
“Rafe Mair's Landmark Free Speech Case Credited in Salmon Activist Staniford's Victory” (Common Sense Canadian, 12 October)
“Lessons from a fish farm defamation lawsuit” (West Coast Environmental Law, 12 October)
“Salmon farm
activist acquitted of defamation” (The Daily News, 4 October)
“Mainstream defamation suit dismissed by BC Supreme Court” (The Westerly News, 4 October)
“The Case of a Corporate Moron: How Cermaq Abused the Canadian Courts” (Wild Salmon First, 3 October)
“Defendant odious, but still wins suit” (Times Colonist, 3 October)
“Salmon activist wins defamation case” (Fish & Fly, 3 October)
“Seier for Staniford/Victory for Staniford” (NJFF, 2 October)
“Staniford vant over Cermaq” (Norwegian Fish Farmer, 1 October)
“Stor seier for Don Staniford!/Great victory for Don Staniford!” (Green Warriors of Norway, 30 September)
“Score one for the enviros” (The Vancouver Observer, 29 September)
“Aktivist vant mot norsk oppdrettsgigant/Activist Wins Against Norwegian Salmon Farming Giant” (NRK, 29 September)
“Salmon-farming activist wins in court” (The Canadian Press, 29 September)
“Court dismisses salmon farming defamation suit” (Times Colonist, 29 September)
“Activist wins defamation case launched by salmon-farming company” (The Canadian Press, 28 September)
“B.C. Supreme Court upholds right of anti-salmon farm activist to make defamatory remarks/“Court upholds salmon farm foe's right to make defamatory remarks” (The Vancouver Sun/Times Colonist, 28 September)
For more details see GAAIA's web-site online here
Norwegian salmon farming is making news for all the wrong reasons - all around the world (read 'Global News Update' online here). Something is really rotten in the state of Norwegian-0wned salmon farming.
Read more via "Something is Rotten in the State of Norway"
Norwegian farmed salmon has also been named in the Norwegian media as the source of the salmonella outbreak in smoked salmon which has so far killed two people in the Netherlands - with the Dutch health agency predicting the death toll could rise to 17!
Read more via “Two Dead After Eating Infected Farmed Salmon - Death Toll Set to Rise to 17!”
If Cermaq’s lawsuit and injunction is successful, over fifty statements will be deemed illegal and “any person”, “servants” or “agents” will be ordered to remove the ‘Defamatory Words’ from the internet:
Read more background via “Norway’s Injunction Kills Free Speech!” and “Gagging the Truth Becomes Mainstream”
Read Cermaq's 'Amended Notice of Civil Claim' - online here
Read more via "Judgment Day in Salmon Farming Kills Lawsuit"
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