B.C. Legislature protest illegal Canada China Trade Deal

The Harper Signed Trade Agreement is Illegal.

The Canada-China Investment Treaty Cannot be Ratified Without Provinces’ Approval

OTTAWA – With only 9 days to go before the Harper Conservatives can legally ratify the Canada-China Investment Treaty, the Green Party of Canada wants to emphasize the fact that ratification without proper consultations with provincial governments is contrary to the Constitution.
That was the point of view of a Special Committee on the Multilateral Agreement on Investment created by the British Columbia Legislature in 1998. Its December 29th report stated that:

• “It must be emphasized that provincial governments are not simply another set of ‘stakeholders’ to be consulted by the federal government en route to treaty signature and implementation. 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.
• “How is it that the federal government can expose provincial measures to binding international arbitration without the province's consent? [...] Who will pay if a provincial measure is found to violate the federal government's treaty obligations?”
• “In the committee's view, if the federal government fails to gain the express consent of the Legislative Assembly, then the Province must vigorously defend its authority on behalf of all British Columbians.”

“These are exactly the kind of issues the Green Party of Canada has been raising since the Conservatives quietly tabled the Treaty on September 26th. We are the only party in Ottawa opposed to the Treaty. Our online petition against ratification has been signed by 22,637 citizens,” said Elizabeth May, Green Party of Canada Leader and MP for Saanich-Gulf Islands.
“The Treaty pays lip service to provincial authority by stating that provincial and
territorial representatives were ‘updated’ on the progress of the negotiations with China and ‘did not express any opposition to the Agreement.’ What kind of Federal government is Harper’s? An ‘update’ does not meet the federal obligations under the Constitution,” added the Green Leader.
“The provinces should be very worried of having Harper signing this without their consent.  We have attempted to reach premiers across Canada. We now have 9 days to prevent Harper’s Conservatives’ attack on our democracy,” concluded May.

Request for Emergency Debate: The Canada-China Investment Treaty

Sign the petition:
http://leadnow.ca/canada-not-for-sale

Chinese companies can NOW sue BC for changing course on Northern Gateway

The most disturbing trade deal in a generation

http://www.leadnow.ca/canada-not-for-sale

In two weeks, Prime Minister Harper could pass the most secretive and sweeping trade deal of a generation.

This deal would pave the way for a massive natural resource buyout and allow foreign corporations to sue the Canadian government in secret tribunals, restricting Canadians from making democratic decisions about our economy, environment and energy.¹
Most Canadians have never heard of FIPA, the Canada-China Foreign Investment Protection Agreement, because Prime Minister Harper is trying to sneak it through without a single vote or debate in Parliament.^2,3
Canadians have a right to determine our future, but this agreement will undermine our democratic rights and lock us into an inescapable path of foreign-ownership and resource extraction until at least 2040.
The Canada-China FIPA is set for automatic approval on October 31st unless we get the word out now that the Harper Conservatives are trying bypass Parliament and sneak this deal by Canadians. That’s why we partnered with SumOfUs.org on this campaign – if enough of us raise our voices now, we can create a massive public outcry to stop this devastating deal in its tracks.

Send a message to Prime Minister Harper and your MP: Canada is not for sale, stop the Canada-China FIPA and the Nexen takeover. When 30,000 sign, we will deliver your messages to Ottawa.

Alongside this deal, the Harper government is trying to speed through the sale of Nexen, a major Canadian oil and gas company, to the Chinese National Offshore Oil Corporation (CNOOC), one of China’s massive state-owned oil companies.⁴ The $15 billion-dollar Nexen takeover will open the floodgates to a wave of foreign buyouts of Canada's natural resources.
If FIPA passes, a Chinese company can take over Canadian resources and then sue Canadian governments – provincial or federal – in secret, if the government does anything that threatens the company’s profits.
Any Canadian law or government decision – even ones that protect Canadian jobs, our environment, our economy and our families – 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

Time is running out. We have two weeks before FIPA is set to pass into law, and the Nexen takeover could be approved at any time. Canadians, including many Conservative MPs, oppose the Nexen takeover, and Prime Minister Harper has just asked for a 30 day extension to regroup. We need a massive public outcry now.

 http://www.leadnow.ca/canada-not-for-sale

Additional Information

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.
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, could sue the BC government for damages, and we may never even hear about it the case or its results.^5,6
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”.^7,8

Why is Canada moving backwards?

Sources:

1. Canada-China Investment Deal Allows for Confidential Lawsuits Against Canada (Toronto Star)
   http://www.thestar.com/opinion/editorialopinion/article/1264290--canada-china-investment-deal-allows-for-confidential-lawsuits-against-canada
2. Tories quietly table Canada-China investment treaty (Globe and Mail)
   http://www.theglobeandmail.com/news/politics/tories-quietly-table-canada-china-investment-treaty/article4573635/
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. Ottawa extends it review of CNOOC’s nexen bid (The Globe and Mail)
   http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/ottawa-extends-its-review-of-cnoocs-nexen-bid/article4604093/
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. 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
8. 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

Stop the Sellout to China - What has Harper Done

What Has Harper Done?

 http://www.greenparty.ca/stop-the-sellout

On September 9^th, Prime Minister Stephen Harper signed an agreement with China, the Canada-China Foreign Investment Promotion and Protection Agreement. The agreement was kept from the Canadian public and Parliament until September 26th, 2012, when it was quietly made public by the Harper Conservatives.

Red Carpet for China

So what is the Canada-China investment agreement? Simply put, it is the most significant trade agreement signed by Canada since NAFTA. Only this time our “partner” is the communist government in Beijing, an authoritarian regime with an appalling record on human rights.
We at the Green Party of Canada believe there are many flaws in that agreement. And we think Canadians should know about them:

1. Open bar for Chinese state-owned enterprises

The Canada-China investment agreement means easier takeovers of Canadian assets, especially in the resource sector. In the context of the possible takeover of Nexen by the Chinese National Offshore Oil Company (CNOOC), it is crucial that we collectively pause to consider the wisdom of granting Chinese state-owned enterprises (SOEs) such an easy access to our natural resources.

2. Canadian laws vs. Chinese profits

The Canada-China investment agreement would allow Chinese companies (including state-owned enterprises) to sue federal or provincial governments over decisions that can limit their profits. Favorable rulings in favor of Chinese companies mean we collectively have to financially compensate the Chinese investor. It also means Canadian laws can be cancelled.

3. Back room deals

The Canada-China investment agreement would allow Chinese investors to sue Canada outside of Canadian courts. Special arbitrators would take the decisions. These arbitrators, unlike judges, do not have secure tenures or set salaries. Their decision cannot be subject to judicial review.

4. Right to be heard

Only the federal government is allowed to take part in the arbitration process. Provincial governments or Canadian companies, even if their interest are affected, do not gave the right to voice their concerns during the arbitration process.

5. China’s obsession for secrecy

The Canada-China investment agreement allows Chinese lawsuits to be kept secret. At any time, we will not know if we are being sued and who will decide the case. We will not know what our government is saying on our behalf. We will not know if Canada has been ordered to change government decisions. This is a complete U-turn for Canada who has always insisted on complete openness in investor-state arbitration, for example when signing the Canada-US-Mexico free trade deal.

What the Greens have done

The day after the Canada-China investment agreement was made public on September 26^th by the Conservatives, Green Party of Canada Leader Elizabeth May held a press conference to warn Canadians on the dangers of the agreement. The following day, Elizabeth wrote to the Speaker of the House of Commons demanding an emergency debate about the deal. Speaker Andrew Scheer, Conservative MP for for Regina-Qu'Appelle, turned down May’s request.
So far we are the only party raising the issue, demanding debate and alerting Canadians to the threat -- reduced sovereignty, reduced democracy, all for more Chinese ownership of Canada's resources.
We now call on Canadian citizens to also demand a democratic process for Canada’s ratification of FIPA while we still have time.

To take action, spread the word on social media and check the link at the top of this posting.

Rise of Communist China - Why "Its not fine"

Industrial Apartied - How to stop the New World Order - And How a Canada-China investment deal allows for confidential lawsuits against Canadian Taxpayers, chicom veto over Canadian law

 My Comment for today:
 
It is not any one event or story that gives us the big picture but the information in aggregate. We the people are not happy about what we are seeing. The other day I was listening to an interview by Paul Craig Roberts, former assistant secretary of the treasury, an insider at the highest level of government. He was speaking about how the economy was outsourced to the communist chinese. Shortly after I left the house and saw a police car painted over all black, no sirens. Inside was an officer wearing all black (unusual) black armor everything. His kit resembled what they wear when they disperse protests. I was followed to my destination.

I can remember when I was younger learning about the rise of fascism and asking how could the people be so calm almost accepting of their fate? Why did not more people leave ahead of time? Why did they not feel threatened by the big guys in black with guns? Now I understand a little bit better their lack of fear. When you get old, you are too old to be afraid. You see the world with different eyes.

We are living in a system I like to call "Industrial Apartheid". I wanted to coin this phase publicly so it would be granted some immunity from the memory hole.  

All regions have a right to industrial capacity. All people have a right to opportunity. When wealth is concentrated in one place, china the worlds factory, the rest of the worlds people are denied opportunity to use their talents to benefit humanity. A new economic system must be established based on localized production, democratic accountability, environmental sustainability, and human rights protection. 

We must resist the rise of Globalist Corporate Fascism. The New World Order we are living in amounts to Industrial Apartheid. I have been researching, and would like to elaborate more but I don't have time right now. About a week ago I came across an article that illuminated how the New World Order could be stopped. Ukraine trade demand shocks global partners.  
Notice the chosen photo is clearly propaganda. Basically the existing wto system that underpins the New World Order and created huge trade imbalances/ deficits has a weak spot. When countries raise tariffs they have to raise them equally on all trade partners. This presents difficulty because large nations with very diversified trade have an incentive not to retaliate for fear of affecting trade with other nations. A domino effect could have nations making strategic calculations on tariff policy that could have large and potential disruptive effects on trade flows. This potential chain reaction is a good thing as the current system of trade is unbalanced unsustainable and privately controlled by corporations and the communist party of china.

I have no time. I have to go now. Pray the black shirts don't get a hold of me.

Here's an article you might like:               

This is a credible source. There has been a lot of scholarly research published about international trade and investment law. It's out there for anyone to find, just look up "investor state provisions". I have spend countless hours studying these things.  They essentially are a way for the corrupt and powerful to get around democratic decision making, and while their at it steal taxpayers money.

The author of this article is Gus Van Harten, a professor at Osgoode Hall Law School where he specializes in international investment law. His research on investor-state arbitration is available at www.iiapp.org and http://ssrn.com/author=638855.

 

Canada-China investment deal allows for confidential lawsuits against Canada

 http://www.thestar.com/opinion/editorialopinion/article/1264290--canada-china-investment-deal-allows-for-confidential-lawsuits-against-canada

The Harper government is very keen on Chinese investment. On this there is little doubt, now that the Canada-China investment deal has been released.
The deal will tie the hands of Canadian governments, especially in the resource sector, once Chinese firms buy Canadian assets. It allows Chinese companies to sue Canada outside of Canadian courts. Remarkably, the lawsuits can proceed behind closed doors. This shift to secrecy reverses a long-standing policy of the Canadian government.
Under the deal, Chinese firms can sue in special tribunals to protect themselves from Canadian government decisions. Canadian companies can do the same against China. The technical name for this is “investor-state arbitration.” In Canada, it has been in operation since NAFTA.
In turn, any decision by any state entity in Canada — from federal or provincial legislation to a Supreme Court of Canada decision — can be challenged by a Chinese investor. The arbitrators, if they conclude that the decision violates flexible standards of investor protection, can issue orders and award damages against a country.
On the other hand, no one in Canada including the government will be able, under the deal, to sue a Chinese investor for breaking any laws. The claims are one-way. Also, only the federal government can participate in the arbitrations. Provincial governments, Canadian companies and other constituencies have no right of standing even if their interests are affected directly.
There is reason to doubt the independence of the arbitration process. Unlike judges, the arbitrators do not have secure tenure and set salaries. They depend for business on investors (to bring the claims) and on arbitration houses (to choose the arbitrators when the disputing parties disagree). Further, the arbitrators’ decisions on legal issues are not subject to judicial review.
So, it is prudent to ask, who are the arbitrators more likely to see as the major country, Canada or China?
Canada has a mixed record in investor-state arbitration. We have lost about half of the decided cases against the government, all by U.S. companies under NAFTA. Canada has had to pay about $160 million in compensation, with another award pending in a case involving research and development rules for the Hibernia and Terra Nova offshore projects.
Worse, Canadian investors have sued other countries, usually the U.S., 16 times and lost every case. We have lost on softwood lumber, cattle and gold mining. We have lost on gasoline additives, hemp and funeral homes. We have lost on a lot of things.
It is reasonable to expect that Chinese investors will use the Canada-China deal to pressure governments in Canada, especially in the resource sector. About one in five investor lawsuits involves a resource dispute. At least nine of the U.S. lawsuits against Canada under NAFTA have related to resources.
Most surprisingly, the Chinese lawsuits can be kept secret. This is in stark contrast to other treaties signed by Canada. Under NAFTA, since 2001, Canada and the U.S. have ensured that investor-state arbitrations were open.
Under the Canada-China deal, the arbitration hearings and all documents, except an actual award, can be kept confidential at the discretion of the country that is sued. This suggests that China objected to disclosure of Canadian lawsuits against it. More importantly for Canadians, the Harper government did not insist on disclosure when Canada is sued by the Chinese.
By implication, we shall have to assume in time that there are hidden Chinese lawsuits against Canada. We will not know why we have been sued or who is deciding the case. We will not know what the government is arguing on our behalf. And we will not know if Canada has been ordered to change government decisions.
Confidentiality is fine in commercial arbitration where the disputes do not affect the public. It is noxious in investor-state arbitration, which often involves matters of public importance. Incidentally, the secrecy has little to do with encouraging settlements; investors can and often do pursue confidential settlements before bringing a claim.
The turn to secrecy is an about-face for the government. Canada was until now a champion of openness in investor-state arbitration. As countries like Australia, India, and South Africa pull away from investor-state arbitration, we are embracing it in a virulent form.
The Canada-China deal undermines basic Canadian principles of public accountability and open courts. It raises dramatically the stakes of Chinese takeovers in the resource sector. If ratified, it will tie the hands of future elected governments for at least 31 years.

 

Why I think we are absolute idiots if we approve CNOOC take-over of Nexen

By Elizabeth May on 18 September 2012 - 9:35pm

 http://www.greenparty.ca/blogs/7/2012-09-18/why-i-think-we-are-absolute-idiots-if-we-approve-cnooc-take-over-nexen

It is hard to know how else to put it. I don’t want to get anyone freaked out or overly alarmed, but are we paying any attention?
Attention should be paid to the fact that the Prime Minister has signed a deal with President Hu of China that promises investor protection. The text of said deal is not yet before the House of Commons, but everything I read about it (including from business analysts at Heenan Blaikie and Osler, Hoskin and Harcourt) anticipates the deal will include investor-state provisions similar to those in Chapter 11 of NAFTA.
Chapter 11 of NAFTA allows corporations from Mexico or the USA to claim damages against Canada if any level of Canadian government (municipal, provincial or federal) causes them to experience less profits than they had anticipated. Canada has actually repealed a law limiting a toxic gasoline additive when the US-based manufacturer sued under Chapter 11 — and we paid $10 million plus in damages. This outrage only gets more outrageous if the claims for multiple millions in damages come from a non-democratic enormous economy to which we have hitched our wagon as a compliant resource colony.
When will Mr. Harper share the text of this investor agreement with Parliamentarians? When will it be shared with Canadians? It was signed on September 8th when both Harper and Hu were in Russia. It must now be ratified. Assuming all the Conservative MPs who are worried about selling out our country to China do what they always do and submit to the will of the Boss, it will become a trade obligation. China will, if offended by any new health, labour, or environmental law, be able to make a claim for damages. I have already witnessed the chilling effect of Canada knowing a US based corporation can sue under Chapter 11. It was rumoured that former Liberal Health Minister Allan Rock refused to ban cosmetic use of pesticides for fear of Chapter 11 claims by US pesticide manufacturers.
What happens when Canadian laws, passed democratically, are struck down in hotel room arbitrations launched by the Communist Party of China?
I pay attention to things that CNOOC’s CEO says in public. In the August 29, 2012, Wall Street Journal, CNOOC CEO Wang Yilin said, “Large-scale deep-water rigs are our mobile national territory and a strategic weapon.” OK, so the bitumen isn’t mobile – until you mix it with diluents and stick it in a pipeline. But the oil sands do become Chinese territory. What did he mean about “strategic weapon?”
Are there national security implications?
I would love to trust in a national security review under the 2009 amendments to the Investment Canada Act, except that Stephen Harper specifically rejected the advice of the blue ribbon panel (struck after the Minmetal attempt to buy Noranda) that Canada needed a clear, objective definition of “national security.” The experts thought we should have a definition and use it to assess any takeovers of Canadian companies by foreign interests — particularly state-owned enterprises. Our PM rejected the advice. Instead the Canada Gazette for the 2009 amendments says that “national security” cannot be defined. It is, apparently, a fluid term.
Smart people I respect, like Andrew Coyne, say “don’t worry — there’s no national security threat when you cannot take the resource out of the country.” But then I run into stories like this:

Beijing hints at bond attack on Japan

Jin Baisong from the Chinese Academy of International Trade – a branch of the commerce ministry – said China should use its power as Japan’s biggest creditor with $230bn (£141bn) of bonds to “impose sanctions on Japan in the most effective manner” and bring Tokyo’s festering fiscal crisis to a head.

Writing in the Communist Party newspaper China Daily, Mr. Jin called on China to invoke the “security exception” rule under the World Trade Organisation to punish Japan, rejecting arguments that a trade war between the two Pacific giants would be mutually destructive.

Separately, the Hong Kong Economic Journal reported that China is drawing up plans to cut off Japan’s supplies of rare earth metals needed for hi-tech industry.

- The Telegraph, September 19, 2012

OK, maybe he’s just threatening to destroy Japan’s economy. Maybe he doesn’t mean it. Maybe the WTO wouldn’t let him do it…. but then there was the Sino-Forest fraud, busted by the Ontario Securities Commission:

OSC puts the spotlight on Sino-Forest gatekeepers

In its allegations Tuesday, the OSC noted that auditors Ernst & Young “were not made aware” of Sino-Forest’s “systemic practice of creating deceitful purchase contracts and sales contracts.” The commission makes no further comment on the audit firm’s work. A spokeswoman for Ernst & Young could not be reached for comment Tuesday.

The OSC issued a report in March calling on boards, underwriters, auditors and stock exchanges to improve the practices for listing foreign companies on Canadian stock exchanges, saying there has been a broad lack of “skepticism” about business practices in emerging companies like China.

- Globe and Mail, May 22, 2012

There’s a beautiful term: “broad lack of skepticism.”
It makes me nervous that Chinese companies are merely branches of the Chinese government. The Communist Party hierarchy appoints the boards of directors of CNOOC, Sinopec and Petro-China.
When I read in the business pages that Petro-China wants to bid on construction of the Enbridge pipeline, and read in the same story that Chinese companies are very competitive in their bids because of low labour costs, I picture the labourers who built the national dream of Pierre Berton’s imaginings… with a brutal and nasty history. We have a temporary foreign workers programme. It could happen. And the bitumen going through the proposed pipeline is to go to Chinese supertankers to Chinese refineries.
Losing sovereignty to China makes me nervous. I don’t want to be intolerant. But I want us to trade items made in Canada, by Canadians, to China. I don’t like the idea of China owning Canada. It makes it hard for us to point out to the Chinese government that it must start respecting human rights. We need to be really forceful in advocating for religious and political freedom in China. How do we do that when they have veto power over Canadian laws? And then there are issues of global tensions. Mr. Harper and John Baird are talking tough to Iran. But what about the fact that, while we claim we are exerting sanctions on anyone doing business with Iran, Sinopec, now a major stake-holder in Syncrude, is Iran’s number one customer for oil? Or, that Chinese oil money helps prop up Bashar al-Assad?
So, bottom-line, the Nexen-CNOOC deal doesn’t have me nearly as freaked out as the investor deal Stephen Harper signed in Russia. But when I think about the idea of “net benefit” I just don’t see any answer but “no.”