by Denise August Titian
Ha-Shilth-Sa Reporter
January 18, 2007
Tofino -
Creative Salmon, a Tofino-based aquaculture company, has won a $15,000
BC Supreme Court judgement against former Friends of Clayoquot Sound (FOCS)
employee Don Staniford. The court ruled Staniford made defamatory remarks
against Creative Salmon in two press releases issued in June 2005.
Staniford, hired by FOCS to campaign against salmon farming in Clayoquot Sound, became aware of a Canadian Food Inspection Agency report, released June 2005, that found trace elements of malachite green in a fish farmed by Creative Salmon.
Malachite green is an antifungal agent which has historically been used in hatcheries, and has been found in pulp mill effluent, but has not been approved for use in fish intended for human consumption since 1992.
Staniford issued two press releases that month on FOCS letterhead that were widely distributed to media outlets and individuals.
The first, issued June 24, 2005, focused on the discovery of trace amounts of malachite green in one Creative Salmon fish.
"If malachite green contamination is confirmed, this blows out of the water Creative's claim to be 'organic' and chemical-free. Creative Salmon must come clean on malachite green," Don Staniford wrote.
Creative Salmon has always maintained that it has never used malachite green and has not used antibiotics on its market fish since 2001. Creative Salmon is proud of the fact that it raised indigenous Chinook salmon as opposed to the more common industry standard Atlantic salmon. The company endeavours to farm salmon organically and is seeking organic certification for its product.
Creative responded to the malachite green issue by voluntarily suspending all fish sales pending an investigation.
Eighteen samples of fish and some samples from Creative's hatchery went to the University of Guelph in Ontario to be analyzed. All results were negative.
Creative resumed harvesting June 30, 2005. No other traces of malachite green were ever detected.
In the second press release, dated June 27, 2005, Staniford took aim at information provided on Creative Salmon's website. Seeking to achieve certified organic status, Creative denied use of malachite green, SLICE (sea lice treatment), and antibiotics on its market fish.
Staniford's June 27 press release stated that Creative Salmon was a "liar" and a "consumer fraud" when it stated that it had not used antibiotics on its food fish since October 2001. The press release also used the word "scam" and accused the company of being 'dangerously creative in its definition of salmon farming.'
Admitting to authoring both press releases, Staniford defended his actions saying the words were 'hooks' or 'arresting leads.' "If the press releases are read in their entirety, it becomes apparent that the words and statements do not have the meaning attributed to them by Creative Salmon,' said Staniford's submission to the court.
Madame Justice Gerow did not agree with the environmentalist. She found that in June 2005, Staniford was well aware that Creative Salmon didn't use malachite green and that the substance could have come from another source, yet he never said so in the press release.
Of the June 27 press release she wrote "it is apparent that Mr. Staniford is suggesting that Creative Salmon is generally dishonest and cannot be believed.....I have concluded the words are defamatory." She went on to write that the onus was on Staniford to ensure his facts were correct before calling Creative Salmon a liar and consumer fraud; he failed to do so.
"Mr. Staniford did not give a balanced view of the facts. Although he purports to have a role in educating the public, he did not disclose all the facts known to him or present both sides of the story in the press releases," wrote Justice Gerow.
The court concluded that the statements were defamatory and ordered that Staniford pay to Creative Salmon $10,000 in general damages, and $5,000 in aggravated damages, plus costs.
Kevin Bruce, FOCS office coordinator, said Staniford is believed to be in the United States. Bruce said FOCS is very disappointed y the court's decision.
Despite the outcome, the FOCS representative said they are very concerned when someone is dumping pharmaceuticals into the ocean and they will continue their campaign against salmon farming in Clayoquot Sound.
Bruce said the non-profit organization will do what it can to fundraise to either assist Staniford in an appeal or to help pay the settlement.
Creative Salmon did not sue FOCS, despite the fact that Staniford was their employee and was acting on their behalf. In Creative Salmon's press release Spencer Evans wrote they hope "to restore a mutually respectful working relationship with the Friends."
Evans said he is delighted with the court's decision.
"I'm happy. We're very pleased with Justice Gerow's decision," describing it as "very decisive".
"I feel justice has been served."
He went on to say that salmon farms have been taking unfair hits from environmentalists for years and it gets to the point of being offensive. "It hurts our morale and when staff heard of the victory [they] were very uplifted, happy and motivated," he said.
Operating in Tla-o-qui-aht
traditional teritory, Creative Salmon employs First Nation crews and was
the first salmon farming company in British Columbia to employ an aboriginal
liason representative. The company also suports many local events, teams
and projects through generous donations of fish, labor and money.
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