From: wheeler@SUPER.ORG (Ferrell S. Wheeler)
Newsgroups: talk.politics.animals
Subject: SEA SHEPHERD; LITIGATION; CANADA
Date: 29 Jul 92 15:26:30 GMT


SEA SHEPHERD; LITIGATION; CANADA

 
SEA SHEPHERD LAWSUIT AGAINST CANADA COMES TO TRIAL
 
In 1983, the Sea shepherd II was boarded and seized by the Royal
Canadian Mounted Police in the Gulf of St. Lawrence.
 
Her Captain and crew were charged with conspiracy, mischief,
intimidation nd numerous violations of the Seal Protection Act.
 
In December 1983, the Sea Shepherd Society was found guilty by
Quebec Lower Court Judge Yvon Mercier.  The Judge gave Captain
Paul Watson a 21-month sentence.  First Engineer Paul Pezwick
received a 7-month sentence.  The remaining eighteen crew were
each fined $3,000.  The Sea Shepherd II was ordered confiscated
and given to the Crown.
 
Captain Watson did not abandon the fight.  With his ship taken
away from him, he appealed to the Quebec Court of Appeals.  The
sentences were overturned and the entire crew was acquitted.
 
The Federal Canadian Government retaliated and took the issue to
the Supreme Court of Canada.  The decision by the Quebec Court of
Appeals was upheld and the victory went to the Sea Shepherd
Conservation Society.
 
The victory was made even sweeter by the decision of the Supreme
Court of Canada to strike down the seal Protection Act on the
grounds that it was unconstitutional and a violation of the
Canadian Bill of Rights.
 
We fought the law and won.  The law was defeated.  Our ship was
ordered returned to us.
 
Captain Watson discovered, however, that after 22 months in
possessio of the Canadian Ministry of Fisheries, our ship was
severely damaged from looting, vandalism and neglect.
 
The government of Canada had arrogantly assumed that the Sea
Shepherd Society would never win out ship back.  Although the
property was under the legal protection of the Ministry of
Fisheries, they did nothing to actually protect the ship.
 
The Sea Shepherd II had been looted for souvenirs by the
RCMP, the Ministry of Fisheries, the Canadian Coast Guard, and
Navy.  The ship's original bell is presently adorning the home
bar of a Canadian Coast Guard officer.  Although berthed on
Canadian Navy property, the vessel had been boarded and
vandalized.
 
The most severe damage was caused by improper care of the ship's
machinery and electrical systems that had been allowed exposure
to temperature extremes and condensation for nearly 2 years.
 
The Sea Shepherd II has never fully recovered from the damage
caused by the Canadian government's neglect.  In fact, it is due
to Canada's abuse that we must retire the ship this year.
 
After years of filing suit and being stalled by government
attorneys, the Society will at last be able to take the
government to court for complete compensation for damages.
 
The trial is scheduled June 1992 in Toronto.  
 
(Non Bastardo Carborundum)
 
 From: Sea Shepherd Log - 1st Qtr 1992
 
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