| Ex-MP wins appeal | as libel suit continues’ By JEFF NAGEL SKEENA MP Mike Scott has hil a setback in his ef- forts to sue former MP Jim Fulton for defamation over comments made in'a 1996 televised debate, The B.C. Court of Ap- peal Feb, 10 overturned a lower court ruling that had determined Fulton. would. have to defend as state- ments of fact his accusa- tions on CBC Newsworld that Scott is either racist or motivated by racism. in his attacks on aboriginal trealy-making, The ruling means Ful- ton may yet be able to persuade the court to treat his contentious statements as opinion rather than fact. _ It opens the door to a defence that his opinions were a matter of fair. com- ment on an issue of public interest. That’s often easier to establish in libel lawsuits than it is lo prove truth -— which in this case would mean proving as a fact ‘that Scott is racist or moti- vated by racism. “Jim is now free to argue on the defence of fair comment,” said Don Farquhar, Fulton’s Victoria lawyer. The Feb. 10 ruling was the latest in a flurry: of af- fidavits and court actions between the two sides, Also at issue is exactly what language Fulton has admitted to using. In an affidavit filed late last year, Fulton says he recently realized from a review of the videotape transcript that he never ex- plicitly called Scott a ra- cist in the debate. Fulton had previously not challenged Scott’s ver- sion — that Fulton -had in effect called him a racist in the nationally televised sdebate between them on sthe Nisga’a agreement {n, principle: * sadmilted his statements ewere defamatory, but ar- *gued they were either true or fair comment on a mat- ster of public interest. * The two sides now vagree Fulton said Scott's ractions revealed “a kind of sunderlying racism of *people like you” and that ‘Fulton went on to argue «Scott is “undeserving” to ‘serve in public office. > Fulton now wants to *withdraw the earlier ad- ‘mission that he effectively scalled Scott a racist and echange his statement of idefence to argue that the underlying racism” com- sment isn’t necessarily de- ‘famatory. * “Ido not accept that by ‘stating that the actions of cthe Plaintiff {Scotl) re- ‘vealed a kind of underly- cing racism, that this would ‘cause the viewing audi- ence to think the less of the Plaintiff, or that it -would be harmful to his re- ‘pulation,” Fulton said in ‘the affidavit. > “Tt would have been ob- vious to any viewer of the ‘broadcast that they were being subjected to mud - ‘slinging by two individuals ‘who held widely divergent views about an extremely Tontentious and controver- pial political issue,” he said. + Scott has responded that the accusation of. un- erlying racism is also de- famatory and argues a | judgment in his favour is ‘in order, + He also says Fulton had two years to change his ‘Statement but did not do "80, 2 “These statements by ‘the defendant Fulton were broadcast on nationwide Jelevision and as such his ‘Statements constituted a dibel,” it says. a It said he dogsn’t advo- cate racist doctrine and ‘that he said nothing during the debate that would jus- cy EPILEPSY CANADA or he renee Sptepey Assccsion T 800 860-5499 * Fulton had algo earlier tify such an accusation. “T do not believe in the racial superiority of the white race or in any infer- ior status for native people,” Scott’ says. “My extended family includes a member who is- of native ancestry,” ; _ Scott’s statement says he. “has worked ‘alongside, with and for the benefit of various native people to improve their situation, al- though the Plaintiff is sometimes: defending the rights of an individual na- live person who considers that he has been treated unfairly by his native band goverment.” “invokes a stereotype of Indian people and suggests that First Nations leaders are particularly susceptible to corruplion or incompe- tence.” Gosnell’s affidavit takes aim at Scott’s claim to de- fend the interests of grass- roots natives, ~He° said it suggests na- ‘tives are. incapable of electing honest and com- . petent leaders, “Ultimately such argu- ments rely on and promote a ‘slereotypical and de- grading portrayal of First Nations pecple and leaders,” Gosnell said. “In my opinion, the per- The ruling means Jim Fulton may yet be able to persuade the court to treat his conten- tious statements about Skeena Reform MP Mike Scott as opinion rather than as fact. Fulton’s lawyer has filed supporting affidavits from northwest native lea- ders to take issue with Scalt’s claims should the matter get to trial, Nisga’a Tribal Council president Joe Gosnell and Council of the Haida Na- tion president Guujaaw have both sworn affidavits that say Scoit has tried to whip up hostility toward aboriginal people. Gosnell says Scott's re- ferences to alleged finan- cial impropriety or misma- nagement by native groups sistent inaccurate repre- sentation of our treaty by Mr. Scott over the past several years does not constitute reasonable op- position and debate, but rather demonstrates an at- titude of hostility to Indian people and our rights, and represents an attempt to frighten and divide Cana- dians, in order to prevent the ratification of our treaty.” Farquhar said Fulton wants a full trial, preferab- ly by jury, where all the issues can be fully aired. The Terrace Standard, Wednesday, February 16, 2000 - Al5 Dr. R.D. 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