A recent post I wrote contrasted the apparent indifference/ignorance of Canadians toward CETA with the furious involvement of the Europeans, most recently the Germans, in open protest against the deal. It is a pact that will see even greater erosion of our ability to enact strong legislation to protect labour, the environment and a host of other realms thanks to the Investor State Dispute Settlement provisions that protect multinationals at the expense of citizens. It will further undermine our increasingly fragile sovereign rights.
And sadly, it is a deal the the Trudeau Liberals are avidly embracing.
Scott Sincleair and Stuart Trew write
a trenchant reminder of CETA's dangers:
Much more than a trade deal, CETA is a sweeping constitution-style document that will restrict public policy options in areas as diverse as intellectual property rights, government procurement, food safety and environmental protection, financial regulation, the temporary movement of workers, and public services.
My
previous post noted the weak language governing some of the above, including platitudes like
commitments to cooperate, provisions encouraging Canada and the EU to continue developing our resources in a way that is environmentally sustainable, establishes shared commitments to promote trade in a way that contributes to the objectives of sustainable development in Canada and the EU, etc.
All part and parcel of what Liberal International Trade Minister Chrystia Freeland calls
"a gold-plated trade deal."
As Sincleair and Trew observe,
While CETA’s safeguards for labour and the environment are mainly voluntary and weak, the investor protections are strong and fully enforceable. Such an agreement could only be considered enlightened in an upside-down world.
The devolution of our sovereignty began long before CETA, however.
Canada’s experience with investor-state arbitration under NAFTA is pitiful. We are the most-sued NAFTA party despite our highly developed legal system and strong protections for private property. Many of these challenges involve environmental protection policies that were legally enacted, but which upset an investor’s plans or profits.
Just last year, Canada lost a disturbing NAFTA dispute over an environmental assessment that recommended against a massive quarry in an ecologically sensitive part of Nova Scotia. Canada currently faces a raft of claims as a result of progressive policies, such as banning natural gas fracking in the province of Quebec.
The pending deal promises more of the same, a source of puzzlement to European progressives:
European labour unions, environmentalists and human rights advocates question why Canada and the EU would want to expand this anti-democratic process through CETA. Despite being rebranded as an “investment court system” with pretenses to judicial independence, the substantive protections afforded to foreign investors remain largely intact. This will expose taxpayers in both Canada and the EU to huge financial liabilities and have a chilling effect on future progressive public policy.
European progressives are also asking important questions about the interplay between CETA and public services. CETA contains no clear protections for governments hoping to expand public services into areas where there is currently private sector competition, or to bring previously privatized services back under public control. Doing so can actually trigger foreign investor claims for compensation, effectively locking in privatization.
All the warning signs are there. Whether the vast majority of Canadians can rouse themselves enough to care is an open question.
