10) CBA BACKS AWAY FROM CHEVRON CORP.
Facing resignations and protests, the Canadian Bar Association (CBA) has decided not to make an intervention at the Supreme Court of Canada in a case involving Chevron's contamination of the Ecuadorian rainforest.
In a letter to members, CBA president Michele Hollins stated "The [Legislation and Law Reform] Committee concluded that while the factum was well‑drafted and of a high standard of quality, it did not meet the specific requirements of CBA's Intervention Policy... and would be withdrawn."
In an interview with teleSUR, Santiago Escobar, a member of the Anti Chevron Committee of Canada, stated "The CBA won't admit this but they withdrew because of the protests they were facing. They knew that they couldn't be seen supporting a corporation that has negatively affected the lives of so many Indigenous people in Ecuador."
The CBA's environmental, aboriginal, and civil litigation committees had opposed intervening on behalf of Chevron. Lawyers in Canada were upset that the CBA board had authorized a law firm with ties to Chevron, Blake Cassels & Graydon LLP, to submit the brief.
Ecuadorian plaintiffs want to seize the assets of Chevron Corporation in Canada in order to collect a USD $9.5 Million judgment against the company for contamination it caused in the Lago Agrio region. Arguing that courts in Canada have no jurisdiction in this case, Chevron has appealed to the Supreme Court of Canada, which will hear the case in early December. Should the Supreme Court rule against Chevron, the full judgment could be collected and paid to the Ecuadorian plaintiffs.
The Anti‑Chevron Canada Committee has welcomed the CBA decision to withdraw its application for intervener status in the case.
"This is clearly the right decision and we are indebted to member lawyers who had the courage to speak out and uphold justice," says a recent Committee statement. "Through the collective action of these courageous lawyers, the forthright commitment to justice principles of law students, and the actions of concerned community members, the Association was pressured to do the right thing. Together these groups proved not only that the requirements of the Intervention Policy of the CBA were not met, but also that corporate law interests do not come before human rights.
"The acts of Chevron affect us all. Chevron polluted the Amazon rainforest, regarded as the world's botanical treasure, which contains unknown pharmaceutical possibilities and is considered the lungs of the world. More than 20 percent of the world's oxygen is produced here. Chevron Corporation is operating within one global entity and therefore, their corporate social responsibility should be enforced globally.
"The hundreds of oil wells and pools of waste left behind by Chevron Corporation in Ecuador also continue to negatively affect the lives and wellbeing of the Indigenous people living in this region. By North American standards this is a public health crisis of immeasurable proportions: water that is essential for daily activities is contaminated and continues to affect thousands of people. The high prevalence in rates of cancer, miscarriages and other illnesses show that the careless dumping by Chevron was a violent act inflicted on innocent people.
"Chevron Canada was created by Chevron Corp capital and operates in Canada trading under the same symbol (CVX) on the Toronto Stock Exchange. Chevron operates transnationally, picking and choosing its countries of interest, and packing up and leaving when convenient. Justice must function equally across and within national borders."
The legal case has wide implications. In the unceded Wet'suwet'en territory of northern B.C., for example, Indigenous people at the Unis'tot'en Camp are blockading Chevron and other companies, and many other communities globally have been negatively impacted by Chevron's practices.
(The above article is from the November 16-30, 2014, issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)