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If people no longer expect objectivity from their political and legal systems, then all justice will be reduced to a power struggle between conflicting and irreconcilable perspectives, a struggle in which the most dominant and pervasive bias will replace fair and impartial process as the character of justice. But if objectivity in law and politics is everywhere supplanted by conflict between subjective interests, then the side of economic privilege and established authority will always retain dominance. A society in which people no longer expect representatives of its major institutions even to attempt to render objectivity in their professional demeanours is a society whose major institutions are in a crisis of ethical legitimacy. In such a society, there is wide spread cynicism regarding the possibility of fair political process because it seems impossible that impartial, unbiased dispositions could exist to enact such processes.
Robert Nicholls
Language and Logic
Wednesday, April 17, 2013
In the next 24 hours, a vote in Parliament could stop FIPA
Breaking news from Ottawa: In the next 24 hours, a vote in Parliament could stop the secretive and extreme Canada-China investor deal, FIPA, for good.
http://www.leadnow.ca/stop-fipa-vote
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!
http://www.leadnow.ca/stop-fipa-vote
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:
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. 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/
Help raise the alarm
Thousands of us are urgently calling on our MPs to vote to stop the Canada-China investor deal and its unprecedented giveaway of natural resources to foreign control - but we urgently need to reach thousands more before the vote on Thursday, and to do that we need your help to spread the word far and wide.
http://www.leadnow.ca/stop-fipa-vote
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John Paul Stevens, the retired U.S. Supreme Court Justice who authored the words above as part of his dissenting opinion in the infamous Citizens United v. Federal Election Commission case.
Democracy Is For People Amendment
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"WE STAND TOGETHER" are First Nations and Canadians supporting each other in a First Nations legal challenge against the Canada China FIPA. Through your donations, we will work to protect the rights of all Canadians.
http://www.westandtogether.ca/
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Canada Should Take Note of India’s Freeze on All Investment Protection Agreements
“Canada Should Take Good Note of India’s Freeze on All Investment Protection Agreements”
OTTAWA – With ratification of the Canada-China Investment Treaty still pending, the Green Party of Canada underscores India’s decision to move away from bilateral investment protection agreements and their investor/state dispute system.
After facing the threat of international arbitration from foreign companies, India has ordered in January 2013 a freeze of all bilateral investment protection agreements negotiations until a governmental review is carried out and completed. Although news of India's decision has not been mentioned in the Canadian media, the decision is clearly relevant.
“In November 2012, Prime Minister Harper told me in the House of Commons that the Indian Prime Minister was committed to signing a foreign investment promotion and protection agreement with Canada. I think Canada should take good note of India’s freeze on all investment protection agreements,” said Green Leader Elizabeth May, Member of Parliament for Saanich-Gulf Islands.
“The investor/state dispute system contained in investment agreements allows foreign companies to sue Canada outside of Canadian courts. Special arbitrators would take the decisions; their decision cannot be subject to judicial review. And the arbitrations are to be secret. Even the fact they are happening is to be secret,” said May.
“India is joining nations such as Australia and South Africa in saying ‘no’ to investor/state provisions. It’s time for Canada to also turn the page on this out-of-date and undemocratic international trade model,” said May.
Tightening the grip: muzzling of scientists ramps up in Canada
Elizabeth MayBack in October 2011, I wrote in Island Tides about the muzzling of DFO scientists. The scientist in question, Dr Kristi Miller, had achieved levels of scientific respect as her work on viruses linked to salmon aquaculture operations had been published in the internationally prestigious journal Science. When Science attempted to arrange media interviews with Dr Miller, the Privy Council Office ordered her to refuse.
It seems that the public outcry over that event, and others including ozone scientists at Environment Canada, led the Prime Minister’s Office to decide the contractual arrangements with scientists were too lax. As of February 1 this year, new rules were put in place requiring all scientists working on projects in conjunction with DFO in the Central and Arctic Region to treat all information as proprietary to DFO, and—worse—await departmental approval before submitting research to any scientific journals.
The story was broken by veteran journalist Michael Harris, in the online journal iPolitics. Harris has been one of the few journalists willing to dig into the pervasive repression, slashing of science and rejection of evidence based decision-making in Harper’s Ottawa.
The reaction from DFO was swift. It posted this attack on its website:
‘The iPolitics story by Michael Harris published on February 7th, 2013 is untrue. There have been no changes to the Department’s publication policy.’
Harris recounts that he was stunned. He had verified the change with several scientists, external to DFO. He called Dr Jeff Hutchings at Dalhousie University who re-confirmed the changes. Then Harris received support from an unexpected source—an anonymous DFO scientist posted the email from Michelle Wheatley, the Central and Arctic science director, sent out to detail the new publication policy.
The anonymous scientist wrote, ‘Here is the e-mail I got from my division manager on January 29, 2013: ‘Subject: New Publication Review Committee (PRC) Procedures for C&A Science …’. The email was reproduced in full, and began, ‘This message is regarding the new Publication Review Committee procedures for C&A Science…’
The email noted that the new policy was to take effect on February 1, 2013. The anonymous scientist concluded: ‘You decide who’s being untruthful.’
A few days after DFO tried to deny that there were any changes, the Vancouver Sun broke the story of a US scientist, doing collaborative work with DFO, who is refusing to sign the new conditions. Calling it a ‘potential muzzle,’ Dr Andreas Muenchow, of the University of Delaware told the Sun, ‘I’m not signing it.’ Muenchow has been working on a project with DFO scientists in the Eastern Arctic since 2003.
In 2003, when the collaborative research project began, there were quite different rules about sharing data: ‘Data and any other project-related information shall be freely available to all Parties to this Agreement and may be used, disseminated or published, at any time.’
Within days of February 1st’s new publication policy, on February 7, came another DFO email to scientists: now they must obtain prior consent before applying for research grants.
You can see where this is going. It is not enough to muzzle scientists like Dr Miller when their research is published. The tightening of control over science must be established far earlier in the process. Stop the research from being submitted to journals. Stop the scientists from collaborating with others. Stop scientists from applying for research grants. Stop science from happening at all.
The elimination of whole branches of scientific work within the federal government, the slashing of governmental funds for science, and now a departmental veto on applying for research grants or submitting results to peer reviewed journals fits in the larger systemic dismantling of any aspect of governmental activities that could throw doubt on the wisdom of pressing for rapid expansion of fossil fuel exploitation.
‘Chilling’ is one word, but it does not seem adequate to this development. This is the 21st Century equivalent of the Dark Ages. This is book burning and superstition run rampant. This is the administration of a steady, slow drip of poison to a weakening democracy.
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