In the hearts and minds of many Canadians, myself included, Canada and Scotland are joined through the matrimonial bonds of history. Many Canadians are first and second generation Scottish-Canadian. I am second generation hailing from a long list of clans including the Malcolm Highlands Clan. Being Scottish-Canadian fills my heart with immense pride. I feel entitled and obliged to act bravely – Scotland the Brave – in pursuit of defending the flag and the Canadian way of life. My defensive nature is a fierce power coursing through my veins passed down from fearless warriors who are my ancestors, the Scots. When I first entered the blogging scene four years ago I will transparently admit that I did not understand much about whisky, be it the drink or the industry. Following several reviews and a combined 3000+ posts on Facebook, Twitter and Instagram (@chantaillemarie) I can honestly say I have a good grasp on what’s in my Glencairn, what it is and how it got there; “grain to bottle” if you will. As a whisky blogger, I have graduated from lifevest to water wings. In 2023, I am stretching my wings to rise above the safe waters of “what does the hazel liquid in your bottle taste like” into a new season of blogging ventures, which is getting to know the industry. Of course, I will continue to publish bottle reviews and develop whisky innovations; high-end whisky really does make better shots and is worth the additional investment. This year, I will also look at what goes on outside of the distillery as it pertains to the amber-gold liquid I have fallen madly and passionately in love with; Usquebaugh.
When I first learned about the Scotch Whisky Association (SWA) I wasn’t sure what to make of it. Mostly, this was because I didn’t understand the association’s mandate, to protect the interests of the Scotch industry. All I knew was the SWA sued people sometimes because they only wanted Scotland selling Scotch. How ignorant I was, but I fear it’s a position far too many hold as is usually the case with matters of the law. Too often, the public leaves these matters with legal minds to carry the burden of knowledge into the courtroom where some think it belongs. I disagree because whisky is part of our heritage and therefore the public must become knowledgable and share their opinion. I didn’t always think this way. For years I carried on about my days researching the production of whisky and writing about what I learned without giving too much attention to anything other than how my whisky got from the field into my Glencairn, what it smelled and tasted like and the character of its finish. It wasn’t until last year when I was scrolling through Twitter and saw a post which caught my attention that my position changed. There was a new distillery in my hometown, Victoria BC, which I thought was extremely exciting especially given that it is run by a Scotsman. I knew that Vic – that’s what us locals call the city – was in for a real treat. I’m sure most of you know where this story turns next. I was taken aback when shortly after hearing about the newly established Macaloney’s Distillery I learned SWA was taking Macaloney to the BC Courts. SWA took issue with certain aspects of bottle labeling because they sounded too Scottish, including the name “Macaloney,” the distillery owner’s legal last name. He’s from Scotland. Of course it sounds Scottish.
Before I go on, the first thing to understand if you don’t already know is that Canada has a fiercely proud Celtic culture running through our communities from Coast to Coast. Therefore, when I first learned about Macaloney I was confident a Scotsman run distillery – how excited I was for a taste of Scotland, our ancestral home – would be immediately embraced by the Canadian community, and especially our passionate whisky community. Expectedly, in true Canadian fashion I began to see social media posts from my friends back home who were rather excited about Macaloney Distillery’s presence in Vic. I was envious they had a local distillery with a Master Distiller straight from Scotland who was eager to serve Canada’s newest drams to my friends and family. Here I was stuck half a country away – 4600 km – salivating at the thought of it, jealously anticipating the moment I could finally try the heart of aged newmake from a nearly Scottish still here in Canada. I could almost taste the first golden drops on my palate.
Shortly after joyously celebrating with my friends online I heard of the SWA call to litigation with Macaloney. My heart was pierced. How could anything in Scotland fall short of completely embracing Scottish-Canadian culture? We’re all on the same team after all aren’t we? “Canadian Grown with Scottish Roots” is a popular saying in Canada. You can find a T-shirt or hoodie with this saying on it at just about every Scottish event hosted over the summer, and in some local boutiques as well. Scottish and Irish culture is simply part of who we are as Canadians. It’s our history. It’s in our blood, literally. Despite my initial reaction I knew one thing was certain: I believed in Scotch, its history, its quality and its importance to my history as a Scottish-Canadian. I knew there was only one reasonable course of action for me to take. Right away I began researching what I had read in the news to make sense of it. I knew it couldn’t be that SWA was attacking Canada. That was too remarkable a claim to hold value or truth. We’re too proud of our historical roots to be in the reticle. Rather, I knew it had to be something reasonable, something that made sense. I began seeking the answer.
As always, seek and ye shall find. My research lead me on a labourious, drawn-out coffee induced deep dive into the legalities of whisky history. I spent several late nights in a row Google searching site after site, which apexed upon my arrival at the Scottish government’s webpage on Scottish property rights laws; intellectual property rights. Fortunately, I had recently completed my Canadian Property Rights Law course at our local college, something I did following my career in the Royal Canadian Navy – that’s a tale for another day. Thankfully, the result of my research was precisely what I had hoped for, something entirely reasonable and nothing to do with taking exception to the love many Canadians blaze passionately from their hearts, a steadfast adherence to Scottish (and Irish) ancestral roots. Rather, SWA call for litigation revolved exclusively around the organization’s mandate, to protect Scottish intellectual property rights of Scottish distilleries and the Scotch they produce.
The request for litigation had only to do with protecting trademarks, brands and intellectual property, nothing to do with a Scotland vs. Canada brawl that some misunderstood the situation to be. Nay! Rather, the situation was purely reasonable from a legal perspective. SWA felt certain items produced at the Macaloney Distillery sounded too “Scottish” and as such may mislead the consumer into believing they were purchasing a bottle of Scotch produced in Scotland instead of a bottle of British Columbian, Vancouver Island Canadian whisky. Upon settling into this realization I released fears and tensions that thankfully were unfounded. However, it wasn’t long before exiting the emotonal shock of this situation when something lurking within me could no longer be ignored. I held another set of emotions to contend with. I am from Victoria BC where Macaloney Distillery is located, so for me this court case was personal. My legal mind knew it was foolish to take the proceedings of litigation personally, but there was something in me that couldn’t quell the sting of quiet territorialism, which if you aren’t already aware is a staple in Canadian culture. Something in me said, “hey, this is our homeland and who do you think you are treading on it from 7000 km away?” I knew that I needed to think this through and come to a final decision within my conscience thus laying the matter to rest indefinetly.
After privately cycling through rage and disappointment keeping my brooding to myself over a few evening drams I finally snapped-to coming to my senses. It was simple. Everyone has a right to protect their intellectual property. After all, I have a Trademark, Women’s Whisky World (TM), so who was I to tell anyone else they had no right to protect their intellectual property when I knew better? Especially with my legal background on the subject it was entirely hypocritical of me to hold an alternative position on the matter. It was settled. Whereas I acknowledged the sting of regionalism, a Canadian habit, I supported the SWA position and their legal right to defend Scottish intellectual property much the same as anyone else in another jurisdiction has the right to do.
This isn’t the first time SWA has taken up litigation against a Canadian distillery. In 2009 SWA asked the courts of Nova Scotia, which is on the opposide side of Canada 4500 km away from Macaloney’s Distillery, to have the Glenora Distillery remove “Glen” from their Glen Breton Rare whisky bottles. The reasoning was much the same as with the Macaloney dispute. SWA felt the “Glen” was too closely associated with Scottish distilleries and as such consumers could mistakenly believe they are purchasing Scotch rather than Canadian single malt. This was astonishing for me as the Glenora Distillery uses the same single malt techniques their ancestors employed nearly 200 years ago when Scottish settlers moved to Canada’s East coast. Glenora Distillery takes its name from the surrounding countryside, names such as the waterfall Glenora Falls and towns like Glenville. The Scottish settlers named these locations. As history beckons, nearly everything in the region is going to sound Scottish!
“Glenora is located in Nova Scotia, a province whose name literally translates to ‘New Scotland.’ Being a part of Nova Scotia’s heritage means that Cape Breton Island is one of very few places on Earth where Gaelic culture and language thrive. As Scottish descendants we passionately keep the dearest aspects of our ancestor’s colourful culture alive.”
Glenora Distillery Webpage
Although, there are suspicions the Scottish began to arrive in Canada as early as the 11th Century, history confidently records thier arrival commencing in the late 17th Century. One devasting event in Celtic history cements the unbreakable bond forged between Canada and our families in Ireland and Scotland. Canada was a refuge for our ancestors escaping food hardships at home during The Great Hunger, The Potato Famine; an Gorta Mór in Ireland and Gaiseadh a’ bhuntàta in Scotland.
“In short, it was a catastrophe for Ireland, with the best estimates showing that the population fell from 8.4 million to 6.6m in just seven years from 1844 to 1851. And of course the Irish came to Scotland in large numbers to work in pits and mills and to build roads and railway lines.
The National News Article: How the potato famine hit Scotland hard, Published 21 Jul 2020
Yet who in Scotland has heard of Gaiseadh a’ bhuntàta? That is the Scottish Gaelic term for the Highland Potato Famine, as historians and academics have come to call the period when parts of Scotland saw death and huge deprivation caused by exactly the same disease that devastated Ireland.”
The potato famine resulted in several Irish and Scottish fleeing their homeland in search of refuge abroad, which lead many to Atlantic coastal communities in North America. As history would have it, some of the Scottish settlers arrived at Cape Breton, Nova Scotia bringing with them secrets of the stills from home. If you listen carefully at the sea shore you can still hear the whispers from our ancestors’ teachings of single malts they brought with them across the ocean.
As you might imagine, given our nation’s history I couldn’t believe my eyes when I read the news report SWA was asking Glenora to remove “Glen” because it sounded too Scottish. To Canada, Scottish history is who we are and for SWA to take exception to this and attempt to have our proud history reduced was seen by many as a direct move against Canadian cultural identity. This was soul piercing for many Scottish-Canadians, myself included, who strongly identify with our roots across the Atlantic Ocean. Scottish-Canadians from coast to coast openly celebrate who we are as a people and acknowledge our ancestors and family members who live in Scotland today. Many of us are members of Clan Socieites. I am a member of the North America MacRae Clan society because my maiden name is Ray. A passionate longing for connection with the homelands of Scotland is part of Canadian identity.
SWA will need to learn how to embrace Canada’s Scottish roots and the fierce pride we take in our history, its direct connection with Scotland. Our courts are not going to wipe away our history to suit SWA preferences. Whereas I respect SWA lawful right to seek litigation in the pursuit of defending Scottish intellectual propertiy rights what SWA needs to do better is research Scottish-Canadian culture and accept that a certain amount of what sounds Scottish is bonefied historically entrenched Canadian culture and not a copy-cat of Scotland’s commercial commodities. Canada will have Scottish sounding names on some of our products because of our history. For many Canadians, SWA taking exception to this in the courtroom is viewed as a breach of an unspoken historical contract between Canada and Scotland, that while we are different nevertheless within the contemporary context we are also one in the same; we are all Scots committed to Scottish national identity in the homeland and overseas forever faithfully bound to Clans of our ancestors.
Should SWA continue to pursue legal action against Canadian distilleries? Ultimately, that’s up to SWA. They have a right to take legal action against whomever they please just like the rest of us. If you have the money you can litigate all you want. However, what SWA must understand is that aggressive pursuits against Scottish sounding words in Canada is viewed by many Canadians as a breach of the historical trust-bond cultivated between our two nationstates, a breach that deeply wounds the hearts of Scottish-Canadians because Scotland is the homeland of our families. These court cases are a viewed as a breach of familial bonds ratified through history. I know because I felt this way when I learned about SWA actions against Macaloney and Glenora distilleries. This said, every person and corporation has the right to protect their intellectual property. As such, I don’t think it’s reasonable or fair for the public to come down too hard on SWA each time they hear about the association filing for trademark related litigation. The Scotch industry does need to be protected and I think that’s something every whisky enthusiast can agree on. Quite frankly, I’m surprised more nationstates haven’t followed the Scottish model. Where is the Canadian Whisky Association? Will we ever have one? Time will tell.
Thank you for taking time out of your day to read my blog. Slainte
This blog was written by HRH Chantaille Buczynski (née Ray). She lives in Kingston Ontario Canada. Chantaille is Scottish-Canadian and French-Irish Canadian. She is mother to two beautiful children and is involved with the local community partaking in activities such as playing flute and piccolo in concert bands, playing drums with Rob Roy Pipes and Drums band, Highland and Irish dance.
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