End of the Barrick Gold Lawsuit: �cosoci�t� Settles Out of Court http://www.freespeechatrisk.ca October 20th, 2011 |
At the conclusion of a judicial struggle
that has lasted three and a half years, �ditions �cosoci�t� has arrived at an out-of-court
agreement with the multinational Barrick Gold. In order to put an end to the proceedings that Barrick Gold instituted
against it in April 2008 for the sum of 6 million dollars, and for this reason
only, �ditions �cosoci�t�
is ceasing the publication of the book Noir Canada and made a payment to Barrick through their insurer. This withdrawal does not mean an end to
the work of the authors, Delphine Abadie, Alain Deneault, and William Sacher,
nor of the publisher. Over several years
of existence, Noir Canada (Richard-Ares Prize 2008) has reached
thousands of readers. Its analysis of
the role of Canadian companies in Africa has enabled the beginning of a
necessary debate about the judicial shelter that Canada is for global mining
enterprises and has made Canadians realize that their savings are invested in
these controversial activities. �ditions
�cosoci�t� remains
convinced that the work Noir Canada merits being published. Noir
Canada calls for an
independent commission of inquiry that would shed light on the numerous cases
of abuse that have been committed in Africa, according to a plethora of
international documentation. �cosoci�t�
and the authors of Noir Canada continue to call for the holding of such
an inquiry. With this
settlement, �ditions �cosoci�t� and the authors of Noir Canada will be
spared a 40-day process and multiple procedures, those procedures alone
representing colossal financial, human, and moral cost, despite the provision
of $143 000 for expenses that judge Guylaine Beaug� ordered Barrick Gold to pay them on
August 12. She concluded in her
judgement that the lawsuit had an appearance of abuse. Banro
Lawsuit in Ontario In spite
of this settlement, the battle is not coming to an end and your support remains
essential. Indeed,
although the Barrick Gold litigation is now behind its defenders, �ditions �cosoci�t� and the authors of Noir Canada still face a 5-million-dollar
defamation suit, instituted by the multinational Banro in Ontario. They are still awaiting a decision by the
Supreme Court so that the suit may be repatriated to Qu�bec, Ontario having not yet adopted
an anti-SLAPP (Strategic Lawsuit Against Public Participation) law. Renewed
Engagement by �cosoci�t� �ditions �cosoci�t� intends to continue
its work as a critical, committed, and independent publisher. It intends to continue, in spite of the
threats that weigh against books and thought, to defend the freedom of
expression that is necessary in public debate, critical thought, and democratic
life. It equally prides itself in
continuing to publish the author Alain Deneault, whose writings constitute a
precious contribution to critical thought. Moreover, it is announcing herewith the publication this fall of his
next work, Faire l��conomie de la haine (The Economy of Hate), a
collection of texts expounding cultural forms of an �insidious censure� aiming to impede critical
reasoning. The
Future of Freedom of Expression The
adventure of this publication, these three and a half years of struggle for the
freedom of expression, the freedom to publish, and the right to information,
during which �cosoci�t� and the authors of Noir Canada have
received the support of thousands of citizens, hundreds of university
professors, dozens of jurists, and numerous organizations and public
personalities. Your generous encouragement,
your judicious analyses, your freethinking spirit, your thirst for debating
complex questions, as well as the narration of your own struggles have inspired
us during these years. It is a treasure
that no mighty person can take away from us, a solid base for our most
beautiful projects. The actions of �cosoci�t�, along with
several others, notably those of l�Association qu�b�coise de lutte contre la
pollution atmoshp�rique (AQLPA � Qu�bec Association of Battle Against
Atmospheric Pollution), have contributed to the adoption of An Act to amend
the Code of Civil Procedure to prevent improper use of the courts and promote
freedom of expression and citizen participation in public debate, the only
legislation of its kind in force in Canada. If freedom of expression is still threatened
in Canada, notably because of the long reach accorded by the courts to the protection of reputation, this affair
demonstrates the true political will of the citizens to defend it. For all of this, we express our profound
gratitude. More than ever, the defence of free speech
passes also by a debate about access to justice pour all. The authors of Noir Canada have probably done nothing more than the work
that one expects of thinkers and researchers at the heart of each
community. Behind the lawsuit against
them, rests a fundamental question: can
one still be critical in our society? Must power (and money) always take precedent over the right to know, or
at least over the right to question publicly? Beyond that which is covered by the notion of defamation, it is the
future of thought that will be played out here. Pierre Noreau, � Le pouvoir�contre le savoir ? (Power
� versus knowledge?)�, Le Devoir,
December 10 2010 Please
find the declaration signed jointly by Barrick Gold, �ditions
�cosoci�t�, Delphine Abadie, Alain Deneault, and William Sacher, as part of the
agreement. |