On Monday, a court in Canada will gavel into session and hear complaints from the group of Ecuadorian plaintiffs and their American environmentalist enablers who have been repeatedly been found to have engaged in massive fraud by American courts. The Chevron Shakedown, which we’ve been covering here for years, has moved to the Great White North to see if the pickpockets who have been trying to fleece the energy giant for billions of dollars can fare any better there. Not only is this a distasteful process for the concept of justice in general, but it holds particular dangers for the Canadians.
Peter Foster, the award winning columnist for the Financial Post, issued a stern warning to his countrymen this week. If this travesty is allowed to play out as the environmentalists wish, Canada will become a magnet for corruption and a judicial joke on the world stage. He begins by featuring a separate case involving Greenpeace which is described as looking, suspiciously like left-leaning judicial activism. From there, we move on to the Chevron travesty, where Greenpeace has moved in as well. (Emphasis added)
As noted recently in this space, Canada represents the last hope for the rancid US$9.5 billion claim brought by Donziger — allegedly on behalf of poor, sick Ecuadorean villagers (whose condition has a lot more to do with their lousy government) — against the California-based oil giant. Last month, a U.S. appeal court unanimously affirmed a lower court finding that the claim was the product of fraud, racketeering, and judicial bribery. Donziger has also suffered legal setbacks in Brazil and Gibraltar…
It seems that fraudulent overseas cases can be pursued in Canada, but legitimate Canadian cases cannot take into account persecutors’ illegal activities overseas. Greenpeace Canada can grandstand about Chevron in Ecuador, but Resolute cannot even mention Greenpeace’s lawless modus operandi in other countries. Meanwhile Greenpeace continues to claim that Resolute is a “Forest Destroyer.”
Greenpeace USA and its affiliates may not have such an easy time with Resolute’s RICO suit in the U.S. Meanwhile if the Chevron suit isn’t thrown out, it will be another embarrassment for the Canadian legal system, and raise questions about the ever-increasing irresponsible power of the environmental movement, and those in the political and legal community who facilitate it.
If Canada’s courts are seen as so friendly to environmentalist hijacking that they can manage this feat, the damage to Canada over the long run will be very real. This is a case which has been swatted down not only in the United States, but also in courts in Europe and South America as well. It was based on fraud to the point where its chief American conspirator, Steven Donziger, has been accused of racketeering. Imagine what lesson multi-national corporations will take from this if Greenpeace is allowed to tip the scales and obtain a massive judgement against Chevron in Canada given the history behind this odious lawsuit. Why would anyone want to risk doing business there on a large scale? Better to pull up stakes and focus your efforts on nations where you can expect some level of equitable treatment under the law.
Perhaps even worse will be the effect on the international reputation of the Canadian government and its legal system. Would you prefer to be seen as a stable member of western society or some sort of crackpot refuge for environmental terrorists? These are the questions Canadians will need to wrestle with as this next phase of the Chevron Shakedown moves forward.
For those not familiar, you can catch up with all of our coverage of the Chevron Shakedown over the past few years here.