Attached for your information is a letter from Daishowa lawyer Peter Jervis announcing Daishowa's launch of an appeal of Justice MacPherson's decision in the Daishowa v. Friends of the Lubicon case.
Mr. Jervis makes it clear that Daishowa intends to push ahead with its attempts use Canadian courts to shut down the Lubicon boycott of their paper products. They are asking the courts to hear the case as soon as possible.
None of this is unexpected, nor does it constitute any change in Daishowa's position: that they have a right to log lands which don't belong to them and those of us who use their products do not have a right to be informed about their activities.
Although it might appear to most observers that Daishowa is again attempting to silence its critics using the Canadian courts, Daishowa insists that it is in fact pursuing an amicable, negotiated solution to the issue and that it would be wrong to consider their actions as anything other than what is legally required of them.
Having just informed the Friends that Daishowa will not only be seeking an injunction against them but will be asking the court to speed up the process to shut them up faster, Mr Jervis informs the Friends that his clients "trust that Friends of the Lubicon will not perceive the delivery of the Notice of Appeal as any change in the position of Daishowa Inc. that a negotiated resolution between Daishowa Inc. and Friends of the Lubicon is in the best interests of all parties and will continue to be pursued."
Perhaps the fact that Daishowa tries to dress up aggressive legal action as "negotiation" will help illustrate why it's hard for either the Lubicons or their supporters to trust anything that Daishowa says.
May 12, 1998
Ms. Karen G. Wristen
Barrister and Solicitor
c/o Sierra Legal Defence Fund
300 - 106 Front Street East
Toronto, ON M5A 1E1
Dear Ms. Wristen:
Re: Daishowa Inc. v. Friends of the Lubicon et al
I enclose a copy of the Notice of Appeal which is served on you pursuant to the Rules of Civil Procedure.
As you may be aware, our client announced its intention to appeal that portion of the decision of Mr. Justice McPherson in which he refused to grant a permanent injunction restraining the picketing and secondary boycotting of the customers of Daishowa Inc. However, our clients held off instructing us to file the Notice of Appeal pending the discussions which were arranged with your clients, without legal counsel, to discuss the possible resolution of all the issues involved in the boycott of Daishowa Inc. As you are aware, a meeting was held on April 21, 1998 at which our clients requested a standstill agreement while discussions took place. Your clients refused to delay recommencing their boycott action. Our clients continue to hope that a resolution of this matter may be possible.
A Notice of Appeal must be filed within 30 days of the release of Mr. Justice McPherson's Reasons for Judgment. Our clients intend to request that the appeal be expedited, given the nature of the permanent injunctive relief with respect to picketing and secondary boycott conduct which was requested at trial, but denied by Mr. Justice McPherson.
Our clients have also instructed us to advise you of their strong desire to continue to pursue the prospect of a negotiated resolution of this matter. As you know, they have publicly announced their recent request to DMI to again consider all possible measures in the negotiations with the government of Alberta which might lead to a resolution of the boycott commenced by Friends of the Lubicon. Daishowa Inc. has continued to urge DMI to take the necessary steps that it can which would lead to a resolution of the issue. We are advised that DMI has continued to pursue discussions with the Alberta government and that there is optimism that a satisfactory resolution may be possible.
The Notice of Appeal is being served on you pursuant to the Rules of Civil Procedure. Our clients trust that Friends of the Lubicon will not perceive the delivery of the Notice of Appeal as any change in the position of Daishowa Inc. that a negotiated resolution between Daishowa Inc. and Friends of the Lubicon is in the best interests of all parties and will continue to be pursued.
Yours very truly,
Peter R. Jervis
Friends of the Lubicon
485 Ridelle Ave.
Toronto, ON M6B 1K6
Tel: (416) 763-7500
Fax: (416) 603-2715