Friends of the Lubicon Win in Court
Judge refuses to grant Daishowa a permanent injunction restraining picketing activities at the stores of the company’s customers 
The Friends of the Lubicon has won a major victory for freedom of speech in a case that was being watched by human rights groups and activists. Justice James MacPherson of Ontario Court’s General Division dismissed the claims of forestry multi-national Daishowa for a permanent injunction, ruling that it is legal to conduct a boycott campaign, including the picketing of companies using Daishowa’s products. In his landmark decision, Justice MacPherson stated: "the manner in which the Friends have performed their picketing and boycott activities is a model of how such activities should be conducted."
At a well-attended press conference in Toronto, Kevin Thomas, speaking for the Friends of the Lubicon, stated:
"Today’s decision is an important one for ourselves and for all Canadians who have, for the last 3 years, watched Daishowa threaten rights we all hold dear."
"But most importantly, today’s decision is a signal to the federal government that Lubicon land rights must be resolved politically, that negotiations cannot be endlessly delayed. The Minister of Indian Affairs must sit down at the table and begin sincere, good faith negotiations by reaffirming agreements already made and using comprehensive Lubicon settlement proposals as a simple basis for identifying areas for negotiation. Justice MacPherson explicitly states that the "current state of affairs for the Lubicon Cree ... deserves the adjectives tragic, desperate and intolerable."
"Daishowa has a responsibility as well. For three years now, Daishowa has instead tried to bully their way out of the problem. It should be clear by now that we will not be intimidated, bankrupted or silenced."
"All we’ve ever asked Daishowa to do is to make a clear, public and unequivocal commitment not to cut or buy wood cut on Lubicon territories until a land rights settlement has been reached with both levels of government and a harvesting agreement negotiated with the Lubicons which respects Lubicon wildlife and environmental concerns. Daishowa should try responding to the simple request the Lubicon have put before them."
"We will give Daishowa some time to consider making the right decision. We will wait ten days. If, after those ten days, Daishowa still refuses to make the commitment to do the responsible thing, we will again begin contacting major Daishowa customers. And frankly, the boycott will be bigger than before and it will extend across several jurisdictions. We will use our freedom of expression to its fullest extent."
"The bottom line is that citizens in any country have a responsibility and a right to challenge injustices by their governments and they have a responsibility and a right to challenge injustices by the corporations which operate in their country. We have fulfilled that responsibility to act on our conscience, and we will continue to use whatever democratic means are available to us to ensure that the rights of the Lubicon people are respected, because only in doing so can we ensure that all Canadians rights are respected."
According to Ed Bianchi, a FOL defendant and National Coordinator of the Aboriginal Rights Coalition, "The decision means that now we can put the lawsuit behind us and put our energies back into educating people about the Lubicon Cree Nation. It also means other activists can breathe a little easier as the decision makes our right to freedom of expression that much stronger."
In his analysis of the evidence that Daishowa presented to argue that a permanent injunction against the Friends’ boycott activities was justified, Judge MacPherson found that picketing stores that use Daishowa products is not "secondary picketing" but rather a consumer boycott. "In my view ... there is no reason, in logic or in policy, for restraining a consumer boycott.". The judge found no evidence that the FOL were interfering with contractual relations or that they conspired to injure Daishowa.
For it’s part, Daishowa-Marubeni International Ltd. (DMI) issued a news release claiming that the court decision "Support’s DMI’s position" because "Judge MacPherson has issued a permanent injunction to prevent these supporters and anyone else from making certain false and defamatory statements about the Company’s operations." The company concluded it’s press release by stating that it will proceed to appeal the MacPherson decision, the same one they claim "vindicated" the company.
The judge did place two restrictions on what Friends of the Lubicon can say to the public. The most important is that the FOL and others cannot use the word "genocide" in any of their communications when describing the possible consequences of clear cutting on unceded Lubicon lands. The Friends are also not allowed to suggest that in March, 1988 Daishowa agreed not to cut on Lubicon lands until after the Lubicon reach a land rights settlement.
The next Insider will provide an in-depth look at the boycott campaign and the important court case.