Don Staniford. Photo Anissa Reed |
In the lawsuit opposing fish farm giant Mainstream Canada to Don
Staniford, a key battle was fought over the issue of cancer. In his cigarette packs campaign,
Staniford made several references to cancer, stating for example that "salmon farming is a cancer on the
coast".
Mainstream
was not amused, and focused the bulk of its attack against Staniford on those
cancerous messages. David Wotherspoon, Mainstream's lawyer, partly justified
his application for a last-minute injunction against Don Staniford on those
grounds, suggesting that equating fish farms to big tobacco caused irreparable
damage to the industry's reputation in the eyes of the public as a
cancer-inducing machine. As such, he demanded from the judge a particularly
harsh remedy: an immediate and permanent injunction, whereby Don Staniford "shall be restrained from publishing
any defamatory statement referring in any way to the plaintiff", along
with damages of up to one million dollars.
Examined
a few days earlier by the lawyers on this matter, Staniford had given the
following explanations: "Cancer
refers to multiple things. Literally, cancer can refer to the cancer-causing
chemicals. We’ve had extensive peer-reviewed evidence on carcinogens in farmed
salmon. But also the method of the spread of cancer, the spread of infectious
diseases. ...the analogy would be that
cages are like cells – they are like cancer cells at the mouths of rivers. So
we need to rip out that cancer. ...We
need to tackle the root causes of the cancer, not just treat the symptoms. So
that means removing salmon farms from our coast."
Members
of the public who were attending the trial were quick to pick up on this cancer
controversy. Not only were Staniford's cancer messages grounded in science,
they also carried a strong metaphorical meaning that greatly appealed to them.
On the last day of the trial yesterday, as the lawyers were battling over Mainstream’s
injunction, a group of Don's supporters gathered at a coffee shop during lunch
recess and started writing small hand-held banners. The theme was to include
the word "mainstream" in each banner's text. People were being very
creative. Some of the banners said: "Has
falsifying facts now gone mainstream?" "Since when has ruining
livelihoods become mainstream?" "Is freedom of speech no longer
mainstream?", etc. You get the idea.
One
of the banners read: "Why has cancer
become mainstream?"
That
slogan was put to immediate use that same day when the trial reconvened after
lunch. The courtroom was filled to capacity and overflowing to the point where
the judge had to play sheriff for a few minutes, martially telling members of
the public to either find themselves a seat or get out of the room. We were all
wondering about a lady in black who was sitting in a corner and who appeared
more interested in the crowd than in the case itself. She was staring at each
of us individually one by one, as if to memorize our faces, sometimes standing
up so that she could see us better. I was later told that her name was Nancy
Seymour and that she was a lawyer representing Mainstream.
She
spent the afternoon checking the Salmon Are Sacred Facebook page, looking at
her computer then looking back at the audience, in an apparent attempt to
locate people who were posting live on Facebook. Was she trying to put names on
faces? But she could have asked us. Or was she compiling a list of people
disobeying the judge's order not to use communication devices in court? It
didn't seem to bother her, however, that by doing so she was directly violating
that order herself.
I
was not the only one annoyed by this woman's behavior. As she snooped around,
one of Don's friends decided to send her a message by stating aloud in her
direction: "Why has cancer become mainstream?" as a way of letting her know that, actually, we were
watching her too.
Meanwhile,
the Mainstream lawyers were working hard to convince the judge that an
unusually draconian injunction was required in the case of Don Staniford. An
order such as this one certainly is a strong message, one of the lawyers
explained, adding that its main purpose would be to set an example. It would
shift the responsibility back onto the defendant, he added. Mainstream was thus
demanding that the onus of the proof be put on the defendant rather than the
plaintiff - a fundamental violation of a core tenet of the rule of law in this
country. With such an injunction in place, all that Mainstream would have to do
is sue Don Staniford as soon as he published anything, and then sit back and
force him to prove his innocence. Amazingly,
the judge listened patiently to that absurd line of argumentation without even
flinching, when she really should have laughed the lawyer out of the courtroom.
The
judge must have sensed, however, that there was something terribly wrong with
this reasoning, because at the end of the day she unexpectedly decided to bail
out, announcing that she was reserving her judgement until further notice.
After
court, about thirty of us met in a downtown pub. After 20 days of repressed
tension inside the courtroom, we let the steam out a little. Beer was flowing
freely, we acted silly, told dirty jokes, made fun of each other. Don was
obviously one of the centers of attention, being the hero of the day and all,
and we took turns in spilling our beer into his and exchanging not-so-profound
thoughts with him.
For whatever reason, at that moment I remembered my first
encounter with Don. It was about a couple years ago, on a sunny day at Jericho Beach
during a wild salmon rally. I had known the virtual Don for some time already
through our facebooks and had become a great admirer of his work as an
organizer while he was still working in Europe. I introduced myself. You're
Ivan! I love your blog, he said. I remember standing on that beach beaming and
thinking - wow, the guy actually reads my blog. And we started chatting about
salmon, rugby and people we both knew, as if we had been old acquaintances. It
was instant friendship.
It
struck me then, as it does now, how incredibly approachable Don is - making himself
available to everyone in all circumstances, including in times of intense
personal stress. Even though he is clearly cut out of a different cloth than
the rest of us and has a vision, focus and drive in this campaign that we can
only guess, last night at the pub Don simply blended in. An outsider would not
have guessed in whose honor this pub party was being thrown. Don-the-hero was
just another guy. Your friendly neighbor spiderman, who has just saved the
world but doesn't even stop to give it a second thought. And that
characteristic is critical in understanding the resilience of our movement, and
why corporations such as Mainstream cannot root us out no matter how hard they
try.
Because
last night at the pub, Don was only one half of the story. The other half was
all those new faces that I was staring at and whose names I couldn't even register
yet. Where did all these people come from? People that we did not see around
only a couple months ago, yet people who had showed up religiously at Don's 20-day long trial.
The funny thing was that already, even though I was still struggling to
memorize the names, I was finding it hard to remember who was "new"
and who wasn't in that bunch. Such is the power of that formidable melting pot, alcohol intoxication. And such, too, is the culture of this group.
Just like Don, those new faces had simply blended in and were being silly with
the rest of us, sometimes sillier. Because you see, there is no such notion as
seniority in this movement. Whether you've been around for five years or a week
does not matter a bit, you're part of the family as long as you keep showing
up.
All those new faces are Mainstream's gift to the cause, the industry's
contribution to building our movement. That’s what they have achieved by suing Don. Nancy
Seymour, the woman-in-black in charge of maintaining our inventory in the
courtroom, is going to be busy in weeks and months to come, as we keep
discovering new faces every time we gather.
In
two weeks time, we lose Don as he gets deported to Europe. This was a carefully
orchestrated move by the government of Canada, made to coincide with
the opening of Don's trial, a way of indicating without any possible doubt
the political motivation of this act. My heart aches at that thought. But we
are gaining new friends every day. Mainstream may think they have cut off one
of our movement's heads by getting Don on a plane. But every time they cut off
a head, seven regrow in its place. So keep cutting, gentlemen.
It
may be true, as our friend told Nancy Seymour in the courtroom, that cancer has
gone mainstream. But we have also become Mainstream's own cancer. We have
metastasized. More of us appear from nowhere every day, and the people sent to
monitor us are clueless about how to contain our cancerous growth. They thought
they were being smart by sending Don out of the country. Instead, they are
opening a new beach head by handing him on a golden plate his next career
opportunity in Norway. Indeed, days after his deportation order was announced,
Norway's Green Warriors (the bad-ass equivalent of our own Sea Shepherds) called
Don to offer him a job!
I'm
heartbroken to lose my friend, but by God! am I excited about the prospects
offered by Don's relocation to Europe. Global salmon farming coordinator for
Green Warriors of Norway, in a paid salaried position nonetheless? Just imagine
the results he will achieve there, with the knowledge, network, and experience
he has accumulated here in B.C.
From
the shores of Norway, Don is going to coordinate us, give us the big picture,
grow us into a truly global movement. Gonna miss you, Don. But I'm so looking
forward to working with you.
Ivan, I am deeply moved by your words, and felt as if I was there with all of you. I am grateful for that one pub day after the court, to know firsthand what you are saying about Don,just "one of the guys" and the salmonwarriors coming together, and growing.
ReplyDeleteIn salmon solidarity against mainstream cancer, laura
Thank you Ivan... thank you for telling stories... sharing your experiences...
ReplyDeleteYou are one of the good guys too!
Good work as always Ivan, much appreciated. Can we get Don on DISCUSSION for an hour before he has to go?
ReplyDeleteCharles
Dear Ivan,
ReplyDeleteI am so thankful that you wrote this blog and that I had a chance to read it. It is so inspiring to be friends with so many beautiful salmon warrior people!!!
Namaste,
Angel Hamilton
Thanks Ivan for the summary and update, puts things in perspective for sure. Remember there are two sets of rules, one for the establishment and one for those who challenge it, always a tough thing to swallow. Say hey to Don and give him a hug for me.
ReplyDeleteMike from Ontario
Ivan, I feel so fortunate to be able to be in cyber-spirit connected to what you saw and felt and heard among those who were at the trial supporting Don and salmon. I wasn't there but I can feel the power and the commitment of those who were. I'm inspired! thanks.
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