The Pirate’s Code (Vol. 17, No. 6)
I thoroughly enjoyed your article in the December 2005 issue of BarTalk entitled “The Pirate’s Code.” Ironically though you end this article with the quote “We’re not the Pirates.” The truth of the matter though is that Smallco is also the Pirates – they have done exactly the same thing to a smaller, less powerful organization. Perhaps it is the nature of the world that the strong will take advantage of the weak, given the chance and public relations departments.

In B.C., the provincial government (“Smallco” if you like) entered a “Code” with the Crown Counsel of the province, whom I shall call “Evensmallerco,” in one of Smallco’s weaker moments. This Code stated that disputes were to be settled by Arbitration and Evensmallerco (being smaller) agreed to be bound by Arbitration. Smallco would not agree to be bound by Arbitration but said that they would at least give a reason if they refused to comply. An Arbitration decision came down that Smallco did not agree with so they simply refused to comply without reason. Evensmallerco took them to a binding hearing. It wins. Smallco is told at the binding hearing that they have been “bargaining in bad faith.” Smallco then says because we write the laws we will write a new law so that the Code does not apply.

I feel sympathetic for any British Columbian who has suffered loss due to the softwood lumber dispute. I can’t feel sorry for Smallco when under similar circumstances they acted just like Bigco. The larger concern that I have is that who can trust Bigco or Smallco to live up to its agreements when they will simply refuse to abide or re-write the laws.

– Craig Giles

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This letter was published in the February 2006 issue of BarTalk.