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Friday, February 28, 2014

China Deal [FIPA] Held In Extreme Secrecy,Chinese Request




the secretive and extreme
Canada-China FIPA

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CANADIANS
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Update: Thursday 18 April, 2013
We've just heard the vote on the secretive and extreme Canada-China FIPA has been moved to Monday night at 6:40pm. So we've got three more days to keep building pressure. Sign now, then share this with everyone!
Posted: Wednesday 17 April, 2013

Breaking news from Ottawa:
In just 24 hours, a vote in Parliament could stop the secretive and extreme Canada-China investor deal, FIPA, for good.

If the Canada-China FIPA is ratified, this extreme and secretive deal would pave the way for a massive natural resource buyout, and allow China’s companies to sue Canadian governments in secret tribunals for unlimited damages, restricting Canadians from making democratic decisions about our economy, environment and energy.1
FIPA is the most sweeping trade deal in a generation, and experts thought Prime Minister Harper would sneak it through Parliament without a vote last November.2,3
Nobody expected your campaign to unite Canadians against FIPA. But, together, we put overwhelming pressure on Conservative MPs, divided their caucus, and the government had to shelve the deal while they try to repair the damage.4
Now, the NDP are holding a vote in Parliament that could stop FIPA. There are deep divisions inside the Conservative benches, and if we create a massive public outcry right now we have a chance to stop this terrible trade deal for good.
We only have 24 hours -- tell your MP and all the party leaders to VOTE TO STOP FIPA, then share this with everyone!

Background

Canadians have a right to determine our future, but this investor deal will undermine our democratic rights and lock us into an inescapable path of foreign-ownership and resource extraction until at least 2040.
In December, Prime Minister Harper approved the takeover of Canadian oil company Nexen by China's state-owned giant, CNOOC. If FIPA passes, companies like CNOOC can take over Canadian resources and then sue Canadian governments in secret, if the government does anything that threatens the company’s profits.
Any Canadian law or government decision – even ones that protect Canada’s environment, create jobs and stop dangerous projects – could be fought in secret tribunals outside of our legal system. Arbitrators unaccountable to the Canadian public would have the power to award billions in damages to foreign corporations if we do anything that hurts corporate profits, like improve environmental standards or slow down the export of cheap, unprocessed resources.1,5,6
We need to act now. Tell your MP and party leaders: VOTE TO STOP the secretive and extreme Canada-China FIPA.

Additional Information

Our government has not been transparent and accountable to the public.
There has been no real debate in Parliament, no binding vote, and no reports on the risks. The government’s talking points about this FIPA have been dismantled for misleading the public by a Canadian international legal expert.7 China is just as important as the US, and there was a whole election fought over NAFTA. If this is such a good deal, why don’t they want us to hear about it?
Investor-state lawsuits undermine our democratic control.
The ability for corporations to sue foreign governments in private courts, called “investor-state arbitration,” is a controversial practice built into many trade deals like NAFTA that has cost Canada millions and over-ruled democratic decisions, but none impose the level of secrecy in the Canada-China FIPA.
These private courts have a track record of systematically ruling against the interests of Canadians.8 Under this system, Canada has already been sued more than any industrialized country in the world.9,10
Right now, an American company called Lone Pine Resources is using a similar measure in NAFTA to sue Canada for $250 million dollars. Why? They are suing because Quebec placed a temporary hold on gas fracking to study the controversial practice’s impacts on health and environment.11
Incredibly, if BC tries to regulate or block Enbridge’s Northern Gateway Pipeline, Sinopec, another Chinese state-owned oil company with investments in Canada’s natural resource infrastructure, may be able to sue for damages, and we may never even hear about it the case or the details of the results.5,6
Other countries are moving away from this runaway global system.
Other countries like India, South Africa and Australia are moving away from this kind of trade deal. Last year Australia rejected investor-state arbitration due to concerns that it would “constrain the ability of Australian governments to make laws on social, environmental and economic matters”.12,13
This deal threatens provincial and indigenous rights.
By allowing foreign corporations to sue Canadians governments for decisions made by any government - federal, provincial, or First Nation - this FIPA threatens the constitutional rights of provinces and First Nations.
In the 1990s, many provinces spoke out against the Multilateral Agreement on Investment (MAI), which had similar investor-state tribunals, joining a global groundswell that stopped the MAI in its tracks.14
The BC Union of Indian Chiefs has written an open letter to Prime Minister Harper condemning the Canada-China FIPA. They begin their letter: "On behalf the Union of BC Indian Chiefs, we are writing to firmly express, advise and direct the Government of Canada to reject the Foreign Investment Promotion and Protection Agreement with China as the Government of Canada has breached its fiduciary duty to consult First Nations on our respective constitutionally-enshrined and judicially-recognized Aboriginal Title, Rights and Treaty Rights."15
The Chiefs of Ontario have also written to both Prime Minister Harper and China's Ambassador to Canada advising that the Canada-China FIPA investment deal violates First Nation Treaty rights and international law, and should be postponed indefinitely, pending nation-to-nation discussions between Canada and First Nations.16,17

Sources:

  3. Battle over CNOOC’s proposed Nexen Takeover Heats Up In Ottawa (Financial Post)
    http://business.financialpost.com/2012/09/17/battle-over-cnoocs-proposed-nexen-takeover-heats-up-in-ottawa/
  4. Opposition, activists in last minute push for more scrutiny of Canada-China treaty (The Globe and Mail)
    http://www.theglobeandmail.com/news/politics/opposition-activists-in-last-minute-push-for-more-scrutiny-of-canada-china-treaty/article4762814/
  5. Chinese Companies Can Sue BC for Changing Course on Northern Gateway, says Policy Expert
    http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert
  6. Chairman Harper and the Chinese Sell-Out (The Tyee)
    http://thetyee.ca/Opinion/2012/10/11/Chairman-Harper/print.html
  7. Taking apart Tories' Party Line on China-Canada Treaty (The Tyee)
    http://thetyee.ca/Opinion/2012/11/05/Van-Harten-FIPA/
  8. China Investment Treaty: Expert Sounds Alarms in Letter to Harper Toronto-based authority urges PM to halt ratification, laying out numerous 'deep' concerns. The Tyee, October 16, 2012.
    http://thetyee.ca/Opinion/2012/10/16/China-Investment-Treaty/
  9. Canada has the 6th most investor-state cases against it in the world -- 17 cases against it to the end of 2011. UNCTAD publishes its annual review of investor-State dispute settlement cases, United Nations Conference on Trade and Development. February 2012.
    http://unctad.org/en/PublicationsLibrary/webdiaeia2012d10_en.pdf
  10. If you include all notices of claims on the Government of Canada, Canada would have 34 cases against and be second in the world (US would rise to 16 cases). NAFTA - Chapter 11 - Investment. Cases Filed Against the Government of Canada: Notices of Intent Received and Current Arbitration, Foreign Affairs and International Trade Canada.
    http://www.international.gc.ca/trade-agreements-accords-commerciaux/disp-diff/gov.aspx?lang=en&view=d
  11. Quebec’s St. Lawrence fracking ban challenged under NAFTA. The Globe and Mail, November 22, 2012.
    http://www.theglobeandmail.com/globe-investor/quebecs-st-lawrence-fracking-ban-challenged-under-nafta/article5577331/
  12. Trading our way to more jobs and prosperity (Government of Australia)
    http://www.dfat.gov.au/publications/trade/trading-our-way-to-more-jobs-and-prosperity.html#investor-state
  13. Multiple Countries Rejecting Investor State Dispute Settlement (Janet M Eaton, PhD)
    http://www.sierraclub.ca/en/main-page/multiple-countries-rejecting-investor-state-dispute-settlement
  14. Special Committee on the Multilateral Agreement on Investment, First Report. Third Session, Thirty-sixth Parliament. December 29, 1998
    http://www.leg.bc.ca/cmt/36thParl/mai/1998/1report/part_iv.htm
  15. Open Letter: Canada – China Agreement Abrogates Rights of Indigenous People (Union of BC Indian Chiefs)
    http://www.ubcic.bc.ca/News_Releases/UBCICNews10311201.html
  16. China Canada FIPA - Chiefs of Ontario Letter to PM Harper
    http://www.scribd.com/doc/112459570/
  17. China Canada FIPA - Chiefs of Ontario Letter to China's Ambassador
    http://www.scribd.com/doc/112459565/

Tell your MP and party leaders:

VOTE TO STOP the secretive and extreme Canada-China FIPA!

 

Prime Minister Stephen Harper;
Tom Mulcair, Leader, New Democratic Party;
Justin Trudeau, Leader, Liberal Party;
Louis Plamondon, Parliamentary Leader, Bloc Québécois;
Elizabeth May, Leader, Green Party;
Your Local Member of Parliament
 
 

Your name and contact details will be added here.
Leadnow.ca will protect your privacy, and keep you informed about this campaign and others.
C.C.
A copy of this message will also be sent to: Ed Fast, Minister for International Trade; Don Davies, Critic for Trade, New Democratic Party of Canada; Wayne Easter, Critic for Trade, Liberal Party of Canada; Andre Béllavance, Critic for Trade, Bloc Québécois.



 

 

 

 

Unions and environmental groups stand with Hupacasath injunction against FIPA

 

Posted: Feb 21st, 2013
     

Brenda Sayers, Hupacasath First Nation corespondent addressing the Canada-China FIPA trade deal with several labour and community organization representative supporters.
A diverse alliance of groups including unions, environmental and citizen advocacy organizations added their voices to a press conference hosted by the Hupacasath BC First Nations, to speak out against the Harper government’s proposed Canada-China Foreign Investment Protection Agreement (FIPA). 
Hupacasath First Nation Councillor Brenda Sayers told the Vancouver Observer that the Hupacasath are “hopeful that [Stephen Harper] will live up to his responsibilities to First Nations, and consult” before going forward with the FIPA deal. On Friday, the Hupacasath filed affidavits for what they believe are violations of preexisting aboriginal rights to resources.
She said he Hupacasath BC First Nations “have a lot of support from other First Nations”, such as the Chiefs of Ontario—who have also filed an affidavit against FIPA—as well as the Tsawwassen First Nations.
Photo of Brenda Sayers by Brandon Chow
A host of concerns were stressed at the conference, environmental interests, employment security, treaty resource rights, and the lack of democratic debate and transparency around the agreement.
One major concern is that the China-Canada FIPA agreement will permit Chinese businesses to sue Canada for any legislation considered unfavorable towards their business interests. For example, if the controversial Enbridge Northern Gateway pipeline were to be rejected, Chinese oil companies can take legal action against Canada. What's more, Sayers asserts that Canadians will likely end up footing the legal bill if such a case happens. 
According to Grand-Chief Stewart Phillip, president of the Union of BC Indian Chiefs, the China-Canada FIPA deal represents a serious threat to the interests of First Nations.
“One of the most fundamental laws of common law in terms of commerce is, you cannot buy sell or barter what you do not own”, he commented — a direct reference to First Nation’s rights and title to their unceded territory in BC.
Phillip then went on to criticize the “insidious” deal for its perceived lack of transparency, claiming that the “Harper government had every intention of sneaking this through Parliament without any debate whatsoever”. 
Environmental advocates asserted that the secrecy surrounding the deal is linked to Canadian projects to export more oil to Asia. 
ForestEthics campaigner Ben West raised another contentious issue, linking the FIPA agreement to BC’s bid for oil sand pipelines.
“As an environmentalist, it’s hard not to look at what’s going on with FIPA right now and not see the names Kinder Morgan and Enbridge written all over it” he said.
In the context of recent disputes over pipeline projects in BC, West believes that FIPA represents an attempt to help facilitate extraction of oil resources, if the Enbridge and Kinder Morgan pipelines are realized.
Ben West photo by Brandon Chow
Rudy Husny, Press Secretary for parliament, responded to FIPA concerns in an email to The Vancouver Observer. 
“It is Canada’s long-standing policy to permit public access to investor-state dispute proceedings. Canada’s Foreign Investment Promotion and Protection Agreement with China is no different,” he wrote.
“FIPA contains the exceptions found in our other treaties that preserve policy flexibility for certain sensitive sectors and activities, including rights or preferences provided to aboriginal peoples.” 

He did not comment on the Hupacasath press conference or claims that First Nations were not adequately consulted on the agreement.
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