New Evidence that NAFTA is Unconstitutional
May30
OTTAWA, ONTARIO - The fight against the NAFTA's Chapter 11 is going a step further today: the Canadian Union of Postal Workers (CUPW) and the Council of Canadians served the federal government with evidence to support their legal challenge to this controversial chapter of the trade agreement.
The groups have applied to the Superior Court of Ontario that NAFTA's rules allowing foreign corporations to sue governments over public policies, laws and programs are unconstitutional. These rules have already been invoked to challenge everything from environmental laws, land-use planning controls, the delivery of services by Canada Post to the decisions of domestic courts.
The groups will be relying upon evidence from three leading experts to support their case.
Professor M. Sornarajah is an internationally renowned expert on the international arbitral processes and tribunals that preside over foreign investor claims.
Ms. Andrée Lajoie is a Canadian constitutional law scholar. She is an expert on the authority of Canadian superior courts, which the groups argue has been improperly delegated under NAFTA to international tribunals.
Stephen Clarkson is a well-known Canadian political scientist. His evidence describes NAFTA as having effectively superceded Canada’s own constitutional arrangements.
The Council and CUPW are also fighting for standing in a NAFTA based suit brought by US based United Parcel Services against Canada. UPS is seeking $160 million (US) in damages because Canada’s publicly funded post office competes with it in the package delivery and courier markets. “The UPS case shows how foreign corporations are using NAFTA to attack public services,” says Deborah Bourque, CUPW President.
"It is imperative that we challenge the legitimacy of the provision that challenges the legitimacy of our courts," said Maude Barlow, National Chairperson of the Council of Canadians. “Empowering private international tribunals to decide which policies and laws Canada may maintain, represents the most profound attack on Canadian sovereignty yet,” concluded Barlow.
-30-
For more information, please contact:
Jiselle Griffith, CUPW Communications - 613.236.7238 ext. 7914
Steven Shrybman, legal counsel - 613.233.4897
Bill Moore-Kilgannon, Council of Canadians – 613.290.2829
Or visit the Council of Canadians web site at www.canadians.org
May30
OTTAWA, ONTARIO - The fight against the NAFTA's Chapter 11 is going a step further today: the Canadian Union of Postal Workers (CUPW) and the Council of Canadians served the federal government with evidence to support their legal challenge to this controversial chapter of the trade agreement.
The groups have applied to the Superior Court of Ontario that NAFTA's rules allowing foreign corporations to sue governments over public policies, laws and programs are unconstitutional. These rules have already been invoked to challenge everything from environmental laws, land-use planning controls, the delivery of services by Canada Post to the decisions of domestic courts.
The groups will be relying upon evidence from three leading experts to support their case.
Professor M. Sornarajah is an internationally renowned expert on the international arbitral processes and tribunals that preside over foreign investor claims.
Ms. Andrée Lajoie is a Canadian constitutional law scholar. She is an expert on the authority of Canadian superior courts, which the groups argue has been improperly delegated under NAFTA to international tribunals.
Stephen Clarkson is a well-known Canadian political scientist. His evidence describes NAFTA as having effectively superceded Canada’s own constitutional arrangements.
The Council and CUPW are also fighting for standing in a NAFTA based suit brought by US based United Parcel Services against Canada. UPS is seeking $160 million (US) in damages because Canada’s publicly funded post office competes with it in the package delivery and courier markets. “The UPS case shows how foreign corporations are using NAFTA to attack public services,” says Deborah Bourque, CUPW President.
"It is imperative that we challenge the legitimacy of the provision that challenges the legitimacy of our courts," said Maude Barlow, National Chairperson of the Council of Canadians. “Empowering private international tribunals to decide which policies and laws Canada may maintain, represents the most profound attack on Canadian sovereignty yet,” concluded Barlow.
-30-
For more information, please contact:
Jiselle Griffith, CUPW Communications - 613.236.7238 ext. 7914
Steven Shrybman, legal counsel - 613.233.4897
Bill Moore-Kilgannon, Council of Canadians – 613.290.2829
Or visit the Council of Canadians web site at www.canadians.org
