Mainstream defamation case dismissed ...

[Foxsea]

VANCOUVER - Anti-salmon-farming activist Don Staniford has won another victory against the global aquaculture industry, despite some harsh words of criticism levelled against him by a Supreme Court of B.C. justice.

Justice Elaine Adair has dismissed a defamation case launched by the salmon-farming company Mainstream Canada against the British-born Staniford over a 2011 campaign that included images of cigarette-like packages and statements such as "Salmon Farming Kills Like Smoking."

In her ruling published Friday, Adair said while the statements were defamatory and Staniford was motivated by malice, the activist honestly believed in what he was saying and animosity wasn't his dominant purpose.

The ruling left officials at Mainstream Canada, a subsidiary of the Norwegian company Cermaq, disappointed.
But Staniford, who was removed from Canada this past February for overstaying a visitor's permit, was in a celebratory mood.

"I am over the proverbial moon and feel extremely vindicated," he said during a phone interview from Spain. "All along I knew that Cermaq (was) whistling in the dark."

"This is a victory not just for Don Staniford against Mainstream Canada. This is a victory for environmental campaigners, social-justice campaigners across the world."
...

Court documents state a news release sent to media included four mock-cigarette packages, all modelled after the Marlboro brand, containing statements like, "Salmon Farming Kills," "Salmon Farming is Poison," "Salmon Farming is Toxic," and "Salmon Farming Seriously Damages Health."

Images also appeared on the global alliance's website.

Many packages also included statements, such as "Norwegian Owned," and "92% Norwegian Owned."

Mainstream Canada, which has 27 fish-farm sites along the east and west coasts of Vancouver Island and is the second-largest salmon-farming company in B.C., argued there were more than 50 instances of defamatory words.

...

Adair ruled Staniford's defence of fair comment should succeed.

"I have found that he had an honest belief in the statements he made, and injuring Mainstream because of spite or animosity was not his dominant purpose in publishing the words in issue," she found.

...

Staniford said he'll return to Canada as soon as he's allowed on March 1, 2013, and is planning a lecture tour around B.C. with Kurt Oddekalv, the leader of the Green Warriors of Europe, an environmental organization.

"I look forward to being welcomed into Canada," he said. "Already my supporters who threw a deportation party for me in Vancouver are planing a welcome party for me in Vancouver for the first of March."


Read more: http://www.timescolonist.com/news/n...ming+company/7316662/story.html#ixzz27s5TAXVn

 

[Little Hawk]

Good on Don! There are few more passionate, prolific and successful anti fish-farm activists than he.

My hat is off to him.

 

[Dave]

Foxsea, it's interesting your post didn't include this part of the press release...


"In her ruling published Friday, Adair said while the statements were defamatory and Staniford was motivated by malice..........


There are many problems with Mr. Staniford’s credibility. The passage from his cross-examination which I quoted above, concerning what happened at the May 2006 Meeting, is but one example of where Mr. Staniford will twist facts to conform to his own personal view. Unless firmly corroborated by other reliable sources, I would not accept Mr. Staniford’s version of disputed facts, since his closed-mindedness and deep prejudices make him an unreliable reporter of facts. I have concluded that he will say almost anything to further his own agenda."

 

[Englishman]

Dave,

This is a quote from the Wild Salmon First website.

It is no longer a matter of salmon farmers not knowing what they are doing. They know exactly what they are doing; making money at the expense of wild fish and the marine environment while manufacturing "facts" about being sustainable. Consideration for how to make the business profitable completely surpassed the considerable impacts the industry would have on all that was in the path of the industrial ambitions of salmon farmers.

I would say it is the feed lot owners who act with malice, wouldn't you? Maybe not directly to humans but indirectly to humans through their malicious, uncaring and relentless pursuit of profit at any cost to the environment, marine mammals (which they shoot) and above all wild salmon. The facts are there from all over the world, not just BC.

Extreme provocation creates extreme reaction............

 

[Little Hawk]

I would suggest Dave knows about as much about Staniford's credibility as he does about the travesty of the net-pen business.

 

[Dave]

I would suggest Dave knows about as much about Staniford's credibility as he does about the travesty of the net-pen business.

seems Justice Elaine Adair agreed with my assessment, lol!

 

[Foxsea]

Foxsea, it's interesting your post didn't include this part of the press release...
"In her ruling published Friday, Adair said while the statements were defamatory and Staniford was motivated by malice..........

Dave:
You are mistaken - please read again. Third sentence down.

What the Justice did say was that Mr. Staniford was motivated by his honest belief and that animosity was not his purpose. What is crystal clear is that the very weak case put forward by Mainstream was weighed in the B.C. Supreme Court and found lacking.

Your statements, Dave, are also found lacking in facts.

Case Dismissed.

 

[chris73]

That's what happens when you surround yourself too often with sealice and fish farm deseases - your brain becomes porous. I only pity the fish though...

 

[Rockfish]

Dave Dave Dave! What are we going to do with you?

How about we just agree with you.

Your right Dave, this was a major legal Victory for the BC Ocean Pen Alien Alantic Salmon Industry and its Norwegian bosses. All those nasty media types just got the headlines wrong. That’s just typical of those ultra left wing corporate press types who just never give this wonderful problem free industry a break.

It will be so much better for British Columbia and Pacific Salmon and many other species when the industry expands to fill every last square foot of sheltered waters on our coast and British Columbians and Canadians should be honored to assist them with our tax dollars.

It is obvious those that oppose this industry are all just uninformed morons who need to get real jobs and with sufficient re-education will see the error of their way. That’s why it’s so important Dave that this industry keep providing the true facts and it’s just not fair that government is not helping them enough.

And what about that Morton chick. What a piece of work huh. How does such a greedy, lazy, profiteering, self promoting, con artist such as her get anyone to listen and donate money for virus testing. After all she is not a real scientist like the ones the industry pays to make sure everything is wonderful and all her work is just bogus, fake, botched science. Worse, now there are other loser scientists who are actually listening to her. It’s a world gone crazy Dave.

And what’s all this talk about diseases and parasites. Don’t those idiots know the real problem is Pacific Salmon. Those nasty, ratty Pacific salmon are swimming around out there transmitting all sorts of terrible things to those cute, friendly, innocent, sheltered, pampered, healthy, little virginal Atlantic salmon. Not to mention stealing the food right out of their mouths that would make excellent food pellets. Why aren’t the people outraged about this and why doesn’t the government do something? We should all be writing our MP’s and MLA’s and demanding that Pacific salmon be culled as quickly as possible.

You hang in there Dave, don’t get discouraged. Your selfless support of this industry may win you the Order of Canada one day. Thank you for doing your part to drown out the misguided voices of all those who are just too stupid to see what a wonderful, beneficial, sustainable, disease free, public serving, non polluting, open and transparent, environmentally friendly industry this is.

 

[Englishman]

Brilliant satire Rockfish. So funny......
Now let's just hope you are not quoted out of context. Dave and his industry sycophants will think nothing of doing that if they can get a spin out of it...
After all jobs are at stake!.....

 

[Whole in the Water]

Good reply Rockfish. Guys like Dave and his many hacks remind me of all the lobbyists that the tobacco industry had for decades before that "emporer was shown to have no clothes"!

 

[Birdsnest]

I TOTALLY agree with dave here. Stanford is as dave highlights:

There are many problems with Mr. Staniford’s credibility. The passage from his cross-examination which I quoted above, concerning what happened at the May 2006 Meeting, is but one example of where Mr. Staniford will twist facts to conform to his own personal view. Unless firmly corroborated by other reliable sources, I would not accept Mr. Staniford’s version of disputed facts, since his closed-mindedness and deep prejudices make him an unreliable reporter of facts. I have concluded that he will say almost anything to further his own agenda."

At least industry can be held accountable for what is says and does. This case just proves that as individuals we can say what ever we like about industry all we have to do is believe what we are saying is true. What a laugh. I find it hilarious when individuals claim this as a victory for staniford when he has been so clearly discredited from the process.

I am no fan of staniford or his style. I just cant get by the capt condom suit.

 

[cuttlefish]

This decision is akin to lawyers beating the charges against their clients when the prosecution cannot meet the burden of proof.

I say stick with the facts of the case and avoid all the character assassination. The fact is the company (plaintiff) was unable to provide the burden of proof to Justice Adair in order to defeat the defendant's defence. Case dismissed. More a matter of who had the better lawyer.

It will be interesting to see what their next move is. Or his.

 

[Lipripper]

 

[Englishman]

At least industry can be held accountable for what is says and does.

Fish feed lot industry accountable?! Don’t make me laugh!!

This article by Rafe Mair demonstrates clearly that neither the fish feed lot industry, DFO, or any level of Government are environmentally accountable or held to accountability for the devastation wrought by fish feed lots. In fact, they go to great lengths to avoid it...

http://thecanadian.org/item/1607-ja...ments-alexandra-morton-salmon-virus-rafe-mair

And here is a typical example of a fish feed lot owner “accountability”…this time from the East Coast.

http://halifax.mediacoop.ca/story/pooping-bed/11552

No matter where you go, there is NO environmental accountability from the fish feed lot in industry....none whatsoever!!

 

[bushwackin]

I'm sure Alex will be more outspoken and active than ever after this victory. Sets a pretty good precedent I would think.

 

[Birdsnest]

I'm sure Alex will be more outspoken and active than ever after this victory. Sets a pretty good precedent I would think.

It sure does! She can say whatever she likes and the content of what she says doesn't even have to be true or backed up or nothing. I totally agree with you bushwackin you are right. There seems to be no professional standard that activist have to adhere to and this court case simply firms that up. I do not know why some here would be happy with that. Its just plain bizarre.

I say stick with the facts of the case and avoid all the character assassination. The fact is the company (plaintiff) was unable to provide the burden of proof to Justice Adair in order to defeat the defendant's defence. Case dismissed. More a matter of who had the better lawyer.

The only person who did a character assassination was the judge with her comments about dons creditability. Buts its ok because this is about free speech, not how a professional activist should conduct him or herself while fighting their cause. "Lets avoid that topic". How convenient. But again you are right, Don won the case and that is great! Free speech for activists.

 

[Little Hawk]

Priceless Rocky, priceless!

 

[bushwackin]

It sure does! She can say whatever she likes and the content of what she says doesn't even have to be true or backed up or nothing. I totally agree with you bushwackin you are right. There seems to be no professional standard that activist have to adhere to and this court case simply firms that up. I do not know why some here would be happy with that. Its just plain bizarre.




The only person who did a character assassination was the judge with her comments about dons creditability. Buts its ok because this is about free speech, not how a professional activist should conduct him or herself while fighting their cause. "Lets avoid that topic". How convenient. But again you are right, Don won the case and that is great! Free speech for activists.

You don't think what she says and fights for is true or backed up? You don't believe free speech for activists or anyone for that matter is a good thing? Should everyone be muzzled like the government scientists?

 

[Birdsnest]

You don't think what she says and fights for is true or backed up?

NOPE I no not. Absolutely not.

Free speech is very important. Free speech for activist...ok, but I do not think this exercise (court case) is helping their cause. Again it just confirms that activists can say what ever they want to support their cause without any accountability. You do not see the salmon farming folks apposing don by saying eating farm salmon cures cancer do you? NO because they are accountable for what they say and such a statement is ridiculous. I do not think government scientists are muzzled as much as some groups prefer to suggest but hey, these groups have no standard or code of conduct so why not put that out there to give the appearance that they are fighting the good fight. Gotta keep the donations flowing right.