The forthcoming legal battle in the Supreme Court of British Columbia between "Alexandra Morton, John Doe, Jane Doe and other persons unknown" (the Defendants) and Norwegian salmon farming giant Marine Harvest (the Plaintiff) has underdog victory written all over it – think of David Vs Goliath or Rocky Balboa Vs Ivan Drago.
Whilst the salmon SLAPP will be headlined by many commentators as 'Morton Vs Marine Harvest' the fascinating undercurrent of First Nation Vs The Corporation could rise to the surface. As my previous blog - Who's Calling Who A Trespasser? – suggested: it will be interesting to see how a Norwegian multinational (owned by Cypriot-based Norwegian billionaire John Fredriksen along with Clearstream Banking and J.P. Morgan Bank in Luxembourg, State Street Bank & Trust in the USA and Canada, Citibank in the USA, Jupiter European Fund in Great Britain ans various Norwegian investment funds) intends to prove "trespass" against native leaders who have aboriginal title, indigenous rights, 13,000 years of history and the law on their side.
With all the Defendants occupying the three Marine Harvest salmon farms in the so-called "trespass" they may need a bigger courtroom.
Marine Harvest's Notice of Civil Claim describes the events at the mass "trespass" at Midsummer Island:
Vincent Erenst, Managing Director, Marine Harvest Canada said in a press release announcing the legal action: "We cannot stand by and allow individuals to ignore the law and trespass on our facilities."
Marine Harvest's Notice of Civil Claim includes:
This isn't the only legal battle simmering in the pristine waters of British Columbia. Last month the Canadian Government approved the Petronas liquefied natural gas (LNG) project in northern British Columbia prompting "a slew of legal challenges". Donnie Wesley, the highest ranking hereditary chief of Gitwilgyoots tribe (which has jurisdiction over Lelu Island where the LNG terminal would be built) called the Canadian Prime Minister "an outright liar" and said the project's approval was "a slap in the face".
The Canadian Prime Minister, Justin Trudeau (aka Daddy Canada), is now being drawn into the mother of all salmon farming fights which some First Nations equate to "genocide".
With the law now firmly on their side, First Nations are rising up in protest. CBC News reported in August:
"We have heard the words of Prime Minister Justin Trudeau, that honouring the rights of First Nations are a 'sacred obligation' to the Liberal Government of Canada," said Dzawada’enuxw hereditary leader and chief councillor Willie Moon in a press release (29 August).
"Our people have spoken, we want salmon farms out of our territory."
A letter sent to Justin Trudeau in August included: "We, the Musgamagw Dzawada’enuxw view the destruction of wild fish and marine ecosystems by the fish farming industry as part of the long history of genocide forced on our people by the governments of Canada".
An 'eviction notice' issued by the Musgamagw Dzawada’enuxw on 15 August left the Federal Government of Canada in no doubt that the salmon farming corporations Marine Harvest and Cermaq were not welcome in the unceded territory of the Musgamagw Dzawada’enuxw.
The fight is now on.
And the Defendants have 13,000 years of history on their side.
The Tyee reported (30 September): "I think we are going to have a chance to see what bullies they are," said Morton, who described the development as a Strategic Lawsuit Against Public Participation (SLAPP). Such suits are intended to silence critics of an industry by burdening them with the cost of a legal defence"
The Tyee also reported (30 September):
Watch the video – "Hard Evidence" – online here
Watch video footage of the "civil" boarding of Marine Harvest's salmon farm at Midsummer Island online here
Video also available online via Musgamagw Dzawada'enuwx Occupy Marine Harvest Fish Farm and more footage via "Fish Farm Resistance Heats Up in BC"
One image of the mass "trespass" at Marine Harvest's Midsummer Island farm in August sums up the difference in ideology between the Plaintiff and the Defendants.
Whilst the Defendants realize that they cannot eat money, Marine Harvest's list of shareholders read like a who's who of money.
Marine Harvest's #1 shareholder (Geveran Trading) is, according to Bloomberg, "a company controlled by shipping and oil billionaire John Fredriksen".
Norwegian John Fredriksen now lives in Cyprus as a tax exile and is worth $9.2 billion – ranked 133 in the Forbes 'World's Billionaires' list.
Fredriksen is variously known as and 'Tanker King', 'Big Wolf' (the title of his unauthorized biography), 'Viking Raider' and 'King Salmon'.
He has a huge appetite for making money and has gorged himself on super-sized salmon farming.
In March 2016, Fredriksen made over $500 million from selling 8.4% of Marine Harvest yet he still remains the largest shareholder.
Read more about Marine Harvest's largest shareholder via "The Life and Times of John Fredriksen – Putin's "Bagman" in London"
And watch via the film "Salmonopoly"
Marine Harvest's second largest shareholder, Folketrygdfondet, is the Government Pension Fund of Norway which is worth nearly 200 billion Norwegian Kroner ($25 billion).
Some of the Defendants named as 'John Doe' and 'Jane Doe' in Marine Harvest's Notice of Civil Claim appear to be pensioners with a net income considerably less than the Plaintiff.
Marine Harvest's third largest shareholder, Clearstream Banking, is a "wholly owned subsidiary of Deutsche Börse" and "an important player in the securities services industry with consistently high credit ratings".
Some of the Defendants do not look old enough to have a bank account let alone a credit rating.
Other shareholders in the Plaintiff include major financial institutions such as J.P. Morgan Chase Bank, State Street Bank, and Citibank.
Meanwhile the Defendants do not bank on a future without wild fish.
Whilst Marine Harvest's shareholders are faceless corporations and financial institutions controlled by fund managers in Europe as in the Jupiter European Fund.
The Plaintiffs are upstanding, proud pillars of the local community – including hereditary chiefs and respected elders.
Watch video footage of the mass "trespass" on Marine Harvest's Midsummer Island salmon farm in full online here
And online here
"Where did you get your authorization to be in this territory?" asked Dzawada’enuxw First Nation Hereditary Chief Willie Moon to a Marine Harvest employee telling him he was trespassing on their farm.
"This area you're talking about belongs to the Musgmagw Dzawada’enuwx people. We've never ever given you the right to come and take over our territory. You're here illegally."
"We're here because we have every right to be here," said another First Nations leader. "This is our territory and has been so for at least 13,000 years. Our roots go deep within these waters, deep within these territories."
"So we're here under our authority. Our law has been here way before British law even got here. So to ask us to try and protect your interests here in our territory is disrespectful."
On another 'eviction' visit to a Cermaq-owned salmon farm, Dzawada’enuxw First Nation Hereditary Chief Willie Moon told the Japanese-owned corporation that they were trespassing on their territory:
"You can tell me all you want that we're trespassing. You're trespassing on our territory without our consent to be on our land. Don't tell my people we don't have a right to this"
"Well you have no authority on our lands. As the Musgamagw Dzawada'enuxw Nation – you are trespassing. We have never given you the rights to be in our territory. So don't tell me I don't have rights on this farm"
The mission and vision of the Musgamagw Dzawada’enuxw people is one of unity.
Marine Harvest's mission is a single-minded financially-motivated one; namely making money.
As Professor Joel Bakan, author of The Corporation, puts it:
Marine Harvest's board of directors include John Fredriksen's daughter Cecilie Fredriksen as well as an executive of Coca Cola and Harvard Business School graduates.
Photo: Marine Harvest owner John Fredriksen flanked by his twin daughters Cecilie and Kathrine
The Plaintiff is clearly a corporation flying the flag for Norway and money.
Whereas the Defendants have a long history of standing up and pulling together for wild salmon.
And will fight to the bitter end.
Watch video online here
Alexandra Morton – who has been culturally adopted by the Musgamagw Dzawada’enuxw and named “Gwayum’dzi” (‘Whale’) – will certainly not be standing alone in the courtroom.
Whether Marine Harvest choose to chase down the Plaintiffs listed as 'John Doe' and 'Jane Doe' in their Notice of Civil Claim or not, the ancestors of the Musgamagw Dzawada’enuxw Nation are watching.
Also watching with interest will be the Yaakswiis Warriors in Clayoquot Sound who were arrested in August for obstructing a salmon farm operated by the Japanese giant Cermaq (owned by Mitsubishi).
CBC News reported (25 August):
Last year the Yaaksiis Warriors won a famous victory by closing down a new salmon farm in what CTV News called the "War on the Water".
DeSmog Canada reported:
Watch more about the upsurge in fish farm resistance online here
And watch CHEK News reporting on a protest at the BC Legislature last month:
Alexandra Morton is certainly no stranger to fighting in the courts – including notable battles against Marine Harvest as well as the Federal and Provincial Governments.
Find out more online here and donate to Alexandra's fighting fund online here
To support the Musgamagw Dzawada'enxw's fight against fish farms please see online here
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