Lawyer files constitutional challenge against CETA

tay

Hall of Fame Member
May 20, 2012
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Bravo...

The complaint focuses on controversial provisions in the Canada-EU deal, similar to those contained in the NAFTA, that would let companies sue the government under certain circumstances.

The statement of claim also takes issue with the federal government's tradition of signing and ratifying free trade deals and other international agreements without prior approval from Parliament or the provinces.

"Once it's signed and ratified, we're bound," Galati said in an interview Monday.

"That's the problem. But other trade partners like the U.S. and Europe, they don't get bound this way. They have to put it through their parliaments and legislative houses before they can sign and ratify."

Galati is developing a reputation for taking on Ottawa. The Supreme Court of Canada sided with him three years ago when he challenged the Harper government's attempt to appoint Justice Marc Nadon to the top court.

The court challenge, filed Friday on behalf former Liberal cabinet minister Paul Hellyer and two other people, comes with the pact between Canada and the EU on life support thanks to a small region of Belgium standing firm in opposition to it.

Lawmakers in the region known as Wallonia have refused to approve the deal, which has been seven years in the making. Among their concerns is the investor-state dispute settlement mechanism, one of the subjects of Galati's court challenge.

"It's ironic that everybody is dumping on the Walloons," Galati said. "They have a very similar constitution to ours except they're respecting theirs. So I don't know why they're being criticized for respecting their constitution."

Asked whether the agreement meets the requirements of Canada's Constitution, International Trade Minister Chrystia Freeland replied, "Absolutely." Her office refused to comment further.

The statement of claim gives the federal government 30 days to respond.

Rocco Galati files constitutional challenge against Canada-EU trade deal - Politics - CBC News
 

tay

Hall of Fame Member
May 20, 2012
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Manitobans may soon lose the advantage of cheap hydro rates if a recently signed trade agreement is ratified.

That is because the Canada-EU (CETA), signed by Prime Minister Justin Trudeau at the end of October, effectively allows foreign, private investors the right to compete with government-owned companies, including Manitoba's supplier of electrical energy and natural gas.

He was speaking at a press conference on Oct. 25 on the occasion of a constitutional challenge he had filed the previous Friday with the Federal Court of Canada.

The statement of claim maintains that clauses within CETA effectively call for the elimination of subsidies, monopolies and state enterprises intended for the public welfare.

It also argues that the patriation of the Constitution in 1982 eliminated 'Crown Prerogative' meaning the prime minister needs the backing of Parliament before he can legally sign any international treaty.

The investor-state dispute settlements are determined in international tribunals outside the jurisdiction of Canadian courts.
Galati's statement of claim maintains that the ceding of decisions in disputes over property and legal matters to a foreign tribunal in-camera violates Canadians' constitutional right to a fair, public and independent judiciary.

The constitutional challenge also argues CETA encroaches on areas of exclusive provincial jurisdiction, such as natural resources, education, health, the regulation of professionals and the incorporation of companies with provincial objects. Such encroachment violates the constitutionally mandated division of powers.

Canada's International Trade Minister Chrystia Freeland has referred to CETA "as a way for Canada and Europe to push back against the anti-globalization sentiment and to show that a progressive trade agreement can be done."

These agreements are invariably engineered in corporate and elite political sectors. There is virtually no involvement on the part of public interest groups, including labour, environmental and farm organizations, in the crafting of these deals. In Canada, there were not even well-publicized public consultations on the deal.

The very sectors which played an important role in establishing the 'progressive values' within Canada and the EU had no role to play in the creation of CETA.

Framing the discussion as trade among like-minded progressive nations distracts from the very real concern about how CETA would interact with NAFTA..

The national treatment articles in NAFTA mandate that U.S. and Mexican investors are entitled to the same benefits and advantages European investors enjoy. Only in this instance, Canadian investors would not realize reciprocal advantages with the other NAFTA countries.

With so much at stake, Manitobans and Canadians deserve a much more thorough debate and discussion about the possible ramifications of these trade agreements.

We have seen CETA promoters like former prime minister Brian Mulroney granted multiple interviews and given plenty of room to expound on the virtues of the deal.

By contrast, critics like Rocco Galati, Maude Barlow of the Council of Canadians and former minister of defence Paul Hellyer have largely been relegated to the sidelines.

With so much at stake, Canadians deserve a full, honest and informed conversation about CETA and the potential Trans-Pacific Partnership (TPP).

Unrestricted access for Manitoba agricultural and other products to the world's largest markets may be a tantalizing prospect. But the price to our democracy, sovereignty and standard of living could prove to be too rich for our blood.

Canada-EU trade deal could mean hike in Manitoba Hydro rates - Manitoba - CBC News
 

Mokkajava

Electoral Member
Nov 14, 2016
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Saskatchewan
I love this

I personally need to read a bit more on it to form an opinion that will take a side... but I love that there is someone out there challenging and asking the questions that I think a lot of us have regarding trade deals that lock our country down without feedback from the parties it actually effect