April 1, 2005
Anyone currently visiting MiningWatch Canada's website (www.miningwatch.ca)
will now see an intriguing notice from the organization. The statement
reads:
Material related to the TVI Pacific Inc. Canatuan Mine project has
been temporarily removed from the MiningWatch Canada web site due to
a letter received from TVI's legal counsel alleging defamation. MiningWatch
Canada is reviewing the matter with our legal counsel. We have posted
the letter from TVI's legal counsel here and will respond in due course.
What is going on here and what could MiningWatch have possibly said
to elicit such a response from the Mining Company?
MiningWatch's letter from TVI's solicitors informs them that, "TVI
has carefully reviewed various publication contained on the Mining Watch
website as has determined that the information stipulated on that website
is inaccurate and highly defamatory." The letter does not specifically
describe what information the Company takes offence to, but it does
demand that "all publications in connection with the Canatuan Mine
be immediately removed and suspended". Furthermore, the solicitor
threatens that if the information is not taken down than TVI "will
have no choice but consider litigation not only against Mining Watch
Canada, but also its Board of Directors and Ms. Coumans."
Perhaps the information on the website was 'defamatory' in the sense
that it 'speaks ill' or harms the public reputation of TVI. However,
this is the inevitable result of telling the truth about TVI's reckless
and irresponsible operations in Canatuan. If TVI is truly concerned
about protecting their good name then they should review and reform
their business practices.
Furthermore, if there were some inaccuracies on the page then TVI should
identify them so that MiningWatch Canada can properly address and, if
need be, correct them. Ordering them to take all the information down
is extreme and clearly shows that they are afraid of third-party monitoring.
Even if MiningWatch's report contained some inaccuracies, it does not
lessen the overall validity of their report on TVI's poor social and
environmental record.
TVI has also posted a new website on the web (tvicanatuan.com) specifically
devoted to the Canatuan issue. The site presents the company as a benevolent
force in Canatuan and does its best to discredit those who oppose them.
This website slanders individuals and organizations with impunity and
makes countless defamatory statements against legitimate leaders in
the community. The company has also compiled thick binders of the information
from the website that it has begun to distribute to concerned Government
Officials and NGOs. The binder is riddled with inaccuracies and untrue
statements.
DCMI received a copy of the binder and a letter from TVI on March 28,
2005. The letter informed us of the action that TVI is taking against
MiningWatch and implicitly threatened us with the same fate if we continue
to speak out against them. We suspect we are only the first of many
NGOs that will be receiving these notices.
Obviously, we cannot allow ourselves to be intimidated by these threats.
TVI is attempting to bully us into a silence that will cost us our land
and our communities. We must continue to vocally state our opposition
against TVI and the laws which make it possible for them to operate.
-Written by Maryanne Mutch, DCMI
