Anti- salmon farm environmentalist punished
Don Staniford's “open disrespect for the witnesses and disdain for the court and the judicial process” costs him court fees for Mainstream Canada
Odd Grydeland, FishfarmingXpert, December 22, 2012
Many people familiar with the salmon farming industry and the Canadian justice system were shaking their heads last September when Mr. Staniford was acquitted on a charge of making defamatory statements about Mainstream Canada and its salmon farming practices in British Columbia. According to an article in the Vancouver Sun by Larry Pynn at that time; Supreme Court of B.C. Justice Elaine Adair wrote in her judgment: “Although I have concluded that Mr. Staniford’s statements are defamatory of Mainstream, I have concluded that he should succeed on his defence of fair comment. She described him as “akin to a zealot,” someone who will say almost anything to further his agenda. “Virtually anything that conflicts with his view and vision is wrong, bad, disgraceful and worse.”
Adair added: “I agree with Mainstream that Mr. Staniford does not, in fact, do anything to conceal the spite, ill will and contempt he holds for industrial aquaculture and salmon farming in general. I think the evidence is overwhelming in this regard. Mr. Staniford’s Internet postings are filled with insulting and demeaning comments and cruel caricatures. He ignores and disdainfully dismisses peer-reviewed science ... when the conclusions conflict with his own views. The language in his publications ... is extreme, inflammatory, sensationalized, extravagant and violent.” During the trial Mr. Staniford also was reported to accuse a First Nations band of taking "blood money" from Mainstream.
Today comes a report from Keven Drews of The Canadian Press that explains that Mr. Staniford may not yet be able to celebrate his previously proclaimed victory inside the Canadian justice system to the extent he previously had contemplated;
A salmon-farming critic may have won a recent defamation case in B.C. Supreme Court, but he's now facing a hefty bill after being rebuked financially for his conduct during the same trial. Justice Elaine Adair awarded British-born Don Staniford only 25 per cent of his costs Wednesday and ordered him to pay Mainstream Canada, the salmon-farming company and plaintiff in the case, $8,300 for court fees,
That's even though the court usually awards costs to the winning party. The case went to trial earlier this year over a 2011 campaign that included images of cigarette packages with statements that read "Salmon Farming Kills Like Smoking." "I have concluded that Mr. Staniford's open disrespect for the witnesses and disdain for the court and the judicial process are deserving of rebuke," said Adair, who noted court rules allowed her to censure Staniford for his actions.
Adair said that during the 20-day trial, Staniford mocked the physical appearances of witnesses, accused a First Nations band of taking "blood money," compared the trial to a "kangaroo court," and relaunched his website campaign using a service provider outside of Canada. The judge said that while Staniford "claims to be a champion of free speech," he "cruelly and publicly mocks" people who have different opinions. She also pointed out examples of his "passive aggression."
What the ruling means financially remains unknown because the activist's lawyer, David Sutherland, declined comment, saying he was reviewing the decision and the case is under appeal. In September, though, Staniford said the court case cost him about $100,000 even with his lawyer, David Sutherland, working at a reduced rate. "The defence of free speech is sadly not free but it is a price worth paying," Staniford said in an email to The Canadian Press. "Win, lose or draw the defence of truth and fair comment is a fight worth fighting." Laurie Jensen, a spokeswoman for Mainstream Canada, said no court dates have yet been set for the appeal.
