October 23 2012 | By Dianne Varga
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Subject: Canada-China FIPA
To: premier@gov.bc.ca
Cc: pm@pm.gc.ca; ed.fast@parl.gc.ca; ron.cannan@parl.gc.ca; premier@leg.gov.mb.ca; Premier@gnb.ca; premier@gov.nl.ca; bob_mcleod@gov.nt.ca; premier@gov.ns.ca; premier@gov.nu.ca; rwjghiz@gov.pe.ca; premier@gov.sk.ca; premier@gov.yk.ca; dmcguinty.mpp.co@liberal.ola.o
Subject: Canada-China FIPA
Importance: High
Dear Premier Clark:
I have read that a 1998 BC government report on the Multilateral Agreement on Investment observed:
“Under the Canadian constitution, the federal government is incapable of unilaterally implementing international treaty obligations in areas that fall within provincial jurisdiction. Nor is it acceptable for the federal government to use its treaty-making powers to do an end run around the federal-provincial division of powers or in a way that diminishes Canadian federalism and democracy.”
In view of that understanding, and in view of the fact that the Canada-China FIPA would impact provincial powers on natural resources, taxation, and land and property rights, as well as threaten federal legislative and judicial sovereignty, it follows that you (and other British Columbians) should be deeply concerned about the impending ratification of this treaty.
From province to province, most Canadians are aware that many Parliamentarians, experts in international trade agreements, and other interested parties have expressed growing anxiety in recent days that the ratification of this treaty will recklessly proceed as scheduled. They are concerned that the FIPA could bring ruin to our country over the next 31 years.
You can stop the ratification. And you should stop it – according to the understanding of the government of the day in 1998. You can stop it by obtaining a court injunction. I implore you to do so today.
Name
City
Subject: Canada-China Foreign Investment and Protection Agreement (FIPA)
To: pm@pm.gc.ca; ed.fast@parl.gc.ca
Cc: Elizabeth.May@parl.gc.ca; thomas.mulcair@parl.gc.ca; bob.rae@parl.gc.ca; PLUS YOUR OWN MP
Subject: Canada-China Foreign Investment and Protection Agreement (FIPA)
Importance: High
Dear Prime Minister Harper and Minister Fast:
Subsequent to your government’s refusal this past week to hold public hearings on the Canada-China Foreign Investment and Protection Agreement, you were sent a letter from an expert in investment treaties, Professor Gus Van Harten, that articulated 14 serious concerns and numerous equally serious questions about this arguably risky trade agreement. His letter culminated in a plea to reconsider your decision to proceed with ratification of this treaty, without provincial consent or serious public debate. See http://rabble.ca/news/2012/10/
While most Canadians are not experts in investment treaties like Professor Van Harten is, most of us are capable of reading him and understanding that if the Canada-China FIPA is ratified, we will be bound for a minimum of 31 years to a seemingly dangerous and arguably unconstitutional treaty that will likely disadvantage our country in terms of exposure to investor lawsuits, and also impact provincial powers on natural resources, taxation, and land and property rights, as well as federal legislative and judicial sovereignty.Given that there have been no public hearings, provincial consultation or Parliamentary debate of the agreement’s terms and potential consequences – given that an independent expert like Professor Van Harten was not consulted in the negotiation process of this treaty – clearly the government has failed to do its homework. I call upon you in the strongest terms possible to stall the treaty’s ratification and undertake what should have been undertaken long ago: public hearings, provincial consultation and Parliamentary debate.
Name
City
Subject: Stop this recklessness
To: ron.cannan@parl.gc.ca; rob.merrifield@parl.gc.ca; russ.hiebert@parl.gc.ca; ed.holder@parl.gc.ca; gerald.keddy@parl.gc.ca; bev.shipley@parl.gc.ca; devinder.shory@parl.gc.ca
Cc: premier@leg.gov.mb.ca; Premier@gnb.ca; premier@gov.bc.ca; premier@gov.nl.ca; bob_mcleod@gov.nt.ca; premier@gov.ns.ca; premier@gov.nu.ca; rwjghiz@gov.pe.ca; premier@gov.sk.ca; premier@gov.yk.ca; dmcguinty.mpp.co@liberal.ola.org
Subject: Stop this recklessness
Importance: High
To the Members of the Standing Committee on International Trade:
Yesterday, Don Davies, Official Opposition Critic for International Trade, called on the government to postpone ratification of the Canada-China FIPA to allow time for its proper study.
In view of the very serious concerns that Parliamentarians such as himself and experts in international trade agreements have expressed in recent days, it would be absolutely reckless for the government to proceed to ratify the treaty as scheduled. The concerns are numerous, covering economic, legislative, constitutional and democratic aspects of the agreement and the process by which the agreement might become ratified and locked-in for a minimum of 31 years.
I urge you to support his motion, as follows:
Motion:
• Whereas the Agreement between the Government of Canada and the Government of the People’s Republic of China on the Promotion and Reciprocal Protection of Investments (the Agreement) is regarded as a major economic initiative that will affect billions of dollars of investment,
• Whereas this deal has been negotiated for some eighteen (18) years,
• Whereas this deal could have negative effects on the ability of Canadian governments to set policies in the public interest,
• Whereas this deal changes Canada’s long-standing policy to ensure public access, public disclosure and transparency in arbitrations,
• Whereas this deal fails to ensure reciprocal access to Chinese markets for Canadian investors,
• Whereas this deal will expose Canadian taxpayers to expensive litigation,
• Whereas the Government of Canada failed to consult with the Canadian public and on this deal,
Moved:
• That the Standing Committee on International Trade conduct a study on the Agreement between the Government of Canada and the Government of the People’s Republic of China on the Promotion and Reciprocal Protection of Investments,
• That this study hear from a broad cross-section of witnesses, including investors, provinces, trade groups, legal and Constitutional experts, and Canadian citizens,
• That the Committee report its findings and recommendations to the House,
• That the Committee immediately recommend to the Government that it postpone the implementation of the Agreement until the Committee has reported its findings and recommendations.
Name
City
One Response to Letter Action: Canada-China FIPA