Mainstream against Staniford
The trial, which ran from January 16 to February 10 2012, was responding to a prolonged, malicious, and unfounded attack on Mainstream Canada and its employees.
Based on the evidence at trial, the Judge concluded that Mainstream was a responsible corporate citizen: "They are conscious of the need to operate the business in a manner consistent with producing a product that is safe to consume and contributes to a healthy and nutritious diet."
The judge found that the activist's comments were defamatory and actuated by express malice toward Mainstream. She described the language in his publications as "extreme, inflammatory, sensationalized, extravagant and violent." However, she accepted the defendant's fair comment defense.
Mainstream's lawyer David Wotherspoon said, "We are pleased that the judge acknowledged the good work by Mainstream and that she found that the activist's comments were defamatory. While it is disappointing that she ruled against us on a technical legal issue, we will pursue this vigorously in the court of appeal."
Mainstream believes this decision, if left to stand without an appeal, has the potential to compromise healthy public debate on matters of public policy. While such debate should be encouraged, it should be based on fact, and critics should be held accountable for their public commentary.
Don Stainfords reaction:
"Mainstream Canada and their parent company Cermaq have once again ignored the first rule of PR: when in a hole stop digging," commented Don Staniford who will be fighting the appeal. "Cermaq's knee-jerk reaction to appeal is yet another case of this multi-million dollar company shooting itself in the foot. Common sense is clearly not a currency this Norwegian-owned multinational is used to dealing in"
"The ugly truth is that Norwegian-owned salmon farming kills all around the world," continued Staniford. "No amount of sabre-rattling, intimidation and bullying by this Norwegian Government-owned corporation will alter the fact that salmon farming kills sea lions, spreads infectious diseases and even results in the death of their own workers."
