CANADA

Deja vu for Nova Scotia
herbicide plaintifis

The Herbicide Trials are being re-
peated in Nova Scotia. The 16 plucky
eastern landowners who were forced
into the infamous trial of 1983 to prevent
Nova Scotia Forest Industries from
spraying near their property, are slated
for an encore performance by a pro-
vincial government comfortably fitted
into the pocket of the powerful forestry
interests. —

_. When the plaintiffs lost their case
against NSFI, the day was ironically

“saved by the U.S. Environmental
Agency which banned the sale of 24D in
October 1983.

Dow Chemical, the major world pro-
ducer of the compound, more popularly
known as Agent Orange, apparently
concluded that the substance, used to
control unwanted forestry growth, was
costing the company more than it
earned.

The EPA complied, and hours Jater
banned the herbicide from all use and

gave Dow one year to sell off remaining ©

stock. With New Zealand as the only
other supplier, the forestry barons would
have to find another chemical for their
spraying operations.
~ $500,000 Legal Bill

For the herbicide plaintiffs it was a
happy day in an otherwise bleak history.
Faced with 48-hours notice that spraying
was to begin, they had been compelled to
launch a civil action to stop it. Their in-
junction was subsequently quashed by
Nova Scotia Supreme Court Judge Mer-
lin Nunn, who not only named Agent
Orange safe, but levelled all costs (esti-
mated at $500,000) against the land-
owners. To add injury the Swedish based

rived,
government, which issued a moral com-

conglomerate had been hinting strongly,
before, during and after the trial that they
would sue for lost production during the
period the injunction was in effect.
Buoyed by the EPA action and the
national attention they- were receiving,
the plaintiffs toyed with launching an ap-
peal both on the costs and the use of
herbicides. — Their reasoning — they

__ had nothing to lose.

In the meantime help once again ar-
this time from the Swedish

plaint against the Swedish parent; for al-

‘lowing its subsidiary to employ methods
in Nova Scotia which had been outlawed

in Sweden for health reasons.

Observers felt that this was the kingpin
in NSFI offering the plaintiffs a deal.
They would forego the costs if the land-
owners agreed not to appeal and handed
over their defence fund, containing about
$10,000, for NSFI to set up a Forestry
Fellowship. It was a propaganda coup
for the company, but at least the plain-
tiffs could keep their land.

But now the sequel. With the decision
of Dow to cease the manufacture of 24D,
the forestry companies announced this
year that they would begin using the
herbicide Roundup.

The Coalition Against Pesticides
(CAP) the successor to the 24D plaintiffs,
reacted immediately. The chemical along
with 113 others, had been under review
by the federal Department of Health and
Welfare since safety studies conducted
by a U.S. company had been improper.
Ottawa recently okayed Roundup for
forestry control, but has refused to make
its findings public. CAP countered that

manual weeding would be both a safer
alternative and help reduce the pro-
vince’s staggering unemployment rate.

Shady Compromise

CAP’s objections were mét with a
compromise by Environment Minister
George Moody, who promised the group
would be given details'on all spraying
permits enabling them to supply pertin-
ent information to the Ministry if they
had objections.

1984 became 1983 déja vu. All the
permits were issued the weekend before
spraying was to begin.CAP responded
by using a never before utilized 10-year-
old law in the Environmental Protection

Act which allows individuals to seek a ©

county court ruling if they feel the
Environment Minister has acted
improperly.

Tearing a page out of NSFI’s book, the

Department informed CAP, when it ~

sought a postponement of the hearing
until after the spraying season, that it
would seek court costs, estimated at
$100,000.

Nova Scotia forestry management, the herbicide versus public health debate continues.

Moody justified his decision to the
press saying it was necessary to prevent |
the courts: from being flooded with |
frivolous complaints. He neglected to
add that the courts already have that |
power without his help. a

Still paying off its past bills CAP |
wasn’t ready for a new skirmish with the —
provincial government, and it withdrew |
its action. At the same time the ministe
applied to the court for a ruling that CAP
did not meet the Environment Act’s de

_ finition of an aggrieved individual. N

ruling has yet been made, but environ
mentalists are perplexed about who th
act was intended to cover. 3
One small gain has been made how-
ever, CAP received permission to work —
with the Ministry of Forests on a manual |
weeding test project. But a real solution ©
seems as far away as ever. Spraying is
over for another season, but with the
provincial elections, Nova Scotia re-
mains firmly Tory country, and the pes-—
ticide vs. public health debate promise
to repeat itself ad infinitum. K.M

New Tory immigration policy

Doors open for some, closed for others |

: By MARK SYDNEY

Canada’s immigration laws and current immigration
policy are a mass of contradictions and confusion, but
one thing is patently clear — they are basically designed
and implemented to make sure that the ‘‘right’’ people
(with some token exceptions) from other lands are able
to settle in our country.

The Annual Report to Parliament on Future Immigra-
tion Levels presented by Employment and Immigration
Canada last November gives a good idea of exactly who
these ‘‘right’’ people are. It points out the federal
government has determined that (page 2) business im-
migration will be encouraged, and that government-
assisted refugee admissions will be increased by 10 per
cent for 1985. :

“The federal government wishes to emphasize the
recruitment and selection abroad of experienced busi-
ness persons who will put their talents, entrepreneurial
spirit, and financial resources to direct use to stimulate
business development and create job opportunities for
Canadians”’ (page 4).

One point that can be made here is that this is some-
thing the federal government (and all levels of govern-
ment) should be doing itself, rather than bringing’ in
people from abroad to do so.

Entrepreneurs, who brought an estimated $1,500-
million into Canada in 1982 and 1983, ‘‘will have their
applications processed as expeditiously as possible’’
(page 5). et

Others who seem to have had their papers processed
as ‘expeditiously as possible’’ are defectors and re-
negades from the socialist world, especially Eastern
Europe and Vietnam. However, it seems that even the
Tory government is somewhat embarrassed by the obvi-
ous fact that almost all of them simply wanted a chance
to make a buck for themselves under capitalism, and
found Canada a soft touch. :

And so at the end of last year, Orders-in-Council were -

passed denying automatic refugee status to people ‘‘flee-

ing’ the European socialist countries into Canada from a -

third country. :

Immigration spokesman Len Westerberg said that the
move ‘‘would eliminate the shoppers ... people who
have legally left their country to see where they can go,
who want financial gain and nothing else’’.

Some wait, others don’t

The Dec. 31 issue of Maclean’s carries a story showing
two sides of Canada’s immigration policy: treatment of
Sri Lankan Tamils and Iranians who abandoned flights at
Gander airport in 1984 by officials ‘“who are more accus-
tomed to dealing with refugees from Communist
regimes’’.

With these latter, immigration is pretty generous.
Soon after they declare themselves, they are awarded
permanent residence, all of them within two weeks. Rick
Fifield, Newfoundland and Labrador Immigration direc-
tor, said that all 32 of these ‘‘refugees’’ who left planes
last year at Gander ‘‘are now landed immigrants or in the
process of becoming landed immigrants’’.

In contrast, all 34 Sri Lankans and 12 of the 20 Iranians
are still waiting, most staying at Gander’s rundown Air-
port Inn. For them, it takes a lot longer than two weeks
— and acceptance is no foregone conclusion.

A Montreal lawyer specializing in immigration told the
Tribune about some other equally awful problems that

. people from Latin America trying to obtain refugee

status and permanent residence in Canada encounter
when they come up against Canadian immigration.

Underground railroad
Making their way to Canada is a real story of drama
and suspense. After collecting together every cent they
can find, at home, persecuted Latin Americans use a
whole network of overland ‘‘half-way points’’ to get into

the United States. There, the lawyer said, they use the ‘

services of what is in fact ‘‘a modern underground rail-
road, with many churches providing sanctuary and re-
fuge. Then they use the railroad to move north to mid-
West cities, and from there to New York. After that,
they hop on a Greyhound bus and present themselves at
Canadian immigration at the border in Quebec, asking
for refugee status’.

It seems that Quebec is far more willing to allow these
people to enter Canada than other parts of the country,
which often turn their backs on Latin Americans seeking
refugee status in this way, and hand them back to the
less-than-solicitous American authorities for eventual
deportation and far worse. But even in Quebec, their
saga is still not ended.

“Before, claimants used to come ‘and declare they
wanted refugee status’, the Montreal lawyer told the
Tribune. ‘“Their case was then adjourned for six months,
they were given work permits so they could eke out
some kind of existence, and then they were given a

hearing, where the pros and cons of each case was
discussed.”’ ;

Caught up in limbo

But Row, things have changed. No work permits are
given initially to Latin Americans applying for refugee

status, even though they’re here. They have to wait at |

least six months from the time they entered before mak-
ing a declaration of intent, and since there is an overload

of cases, they might have to wait even longer before
making the declaration. :

___ Hearings take two and a half hours — that’s all an
individual gets’’, the lawyer continued. “If he or she

hasn’t completed his declaration, or hasn’t had the full |

case heard — that’s it. Another date is set. And the
Process Is repeated. It might take as long as 18 months -

“before immigration makes a decision — and nobody is

certain in advance what that decision will be.”’

Meantime, the person can’t work —at least legally. If
he or she tries to work and is caught out, it’s contraven-
ing the law, and almost certain rejection by immigration.

While they are waiting, most of the Latin Americans in
Quebec are able to live thanks to financial support from
Progressive compatriots, charities, especially church
groups, and some government assistance,”’ the lawyer.
continued. **Call it what you want, limbo or purgatory, —
it's no credit to immigration. It’s really inhuman’’.

50 it’s wide open doors to our fair | 70)
j : and f ,anda-
possible slam in the face for others ESUH IS auS

.

6 e PACIFIC TRIBUNE, JANUARY 16, 1985