ACTION ALERT: Provinces to make TILMA national – Tell premiers meeting in Vancouver this week that you reject unfair investor rights!

July 18, 2011

Last month in Prince Edward Island, provincial trade ministers agreed to include a highly controversial investor-to-state dispute process in the Agreement on Internal Trade. These totally imbalanced investment rights, which allow people or businesses to challenge government policy before an unelected trade panel, are one of the worst parts of NAFTA and the so-called New West Partnership (TILMA) between B.C., Alberta and Saskatchewan. They are also increasingly rejected globally because they give corporations unreasonable, undemocratic powers.

The press release from the PEI meeting says:

Today, Ministers agreed to undertake a more effective enforcement mechanism under the Agreement on Internal Trade (AIT) for disputes brought by "persons" (individuals, businesses and other organizations) against a government. This dispute process allows persons to challenge a government's actions that appear to be contrary to the AIT. The changes agreed to today include monetary penalties and the removal of dispute resolution privileges in situations of continued non-compliance by a government following a decision by an independent dispute resolution panel.

As Erin Weir, an economist who writes for the Progressive Economics Forum, explained this week, there are links between this move and the ongoing Canada-EU free trade negotiations:

The Canadian government is simultaneously trying to negotiate similar provisions with much larger fines for investor-state disputes involving the European Union. Since the proposed Canada-Europe deal would include provincial governments, creating an investor-state dispute process encompassing provinces may help pave the way. The [provincial trade ministers’] press release even notes “the importance of linkages between the Agreement on Internal Trade and international trade agreements.”

WIDESPREAD OPPOSITION IN CANADA

Last December, a wide cross-section of Canadian groups urged governments to deny corporations the right to sue the provinces and territories under the AIT, as frequently requested by big business lobbies and Canada’s westernmost provinces. The groups also asked that financial penalties in province-to-province disputes, which were included in the AIT in 2009, be taken out of the agreement. Their statement said:

Two years ago, the Committee on Internal Trade agreed to include penalties of up to $5 million against provincial or territorial governments whose measures are found to interfere with interprovincial trade or investment flows…. This is contrary to basic notions of democracy. Despite high-profile cases… there has been little use of this heavy-handed AIT dispute process by provinces and territories in Canada. Private investors, on the other hand, have proven much less scrupulous around the world where investment rights have been enshrined in binding trade treaties. Including an investor-to-state dispute process in the AIT would multiply the number of challenges to provincial and territorial policies. The result would be a chill on government policy of all types for fear of sparking costly and time-consuming lawsuits.

The Australian government recently stated it “does not support provisions that would confer greater legal rights on foreign businesses than those available to domestic businesses. Nor will the Government support provisions that would constrain the ability of Australian governments to make laws on social, environmental and economic matters.” Canada’s premiers and federal government representatives must take the same position in trade agreements.

To read the full statement from December 3, which was endorsed by the Council of Canadians and other organizations representing millions of Canadians, click here.

TAKE ACTION

Canada’s premiers are meeting in Vancouver this week (July 20-22) for their annual Council of the Federation meeting. Though provincial trade ministers have agreed to amend the dispute resolution chapter in the AIT to allow person-to-government challenges, they won’t finalize the process until their meeting in June 2012. In other words, we can stop the provinces from taking this anti-democratic decision.

Write to your premier today to demand these unreasonable investor rights not be included in the AIT. You can use the sample letter below.

Subject:
Select your province:	British Columbia TO: Premier Christy Clark: premier@gov.bc.ca CC: Adrian Dix, Leader of the Official Opposition: Adrian.Dix.MLA@leg.bc.ca Honourable Pat Bell, Minister of Jobs, Tourism and Innovation: Pat.Bell.MLA@leg.bc.ca Jenny Kwan, NDP critic for economic development: Jenny.Kwan.MLA@leg.bc.ca Jane Sterk, Green Party leader: leader@greenparty.bc.ca Alberta TO: Premier Ed Stelmach: premier@gov.ab.ca CC: David Swan, Leader of the Opposition: calgary.mountainview@assembly.ab.ca Iris Evans, Minister of International and Intergovernmental Relations: sherwood.park@assembly.ab.ca Bridget Pastoor, Liberal critic for international and intergovernmental relations: lethbridge.east@assembly.ab.ca Saskatchewan TO: Premier Brad Wall: premier@gov.sk.ca CC: Dwain Lingenfelter, Leader of the Opposition: leader@ndpcaucus.sk.ca Honourable Jeremy Harrison, Minister responsible for trade: jharrison@mla.legassembly.sk.ca Larissa Shasko, Green Party Leader: larissa.shasko@gmail.com Manitoba TO: Premier Greg Selinger: premier@leg.gov.mb.ca CC: Hugh McFadyen, Leader of the Opposition: hugh.mcfadyen@leg.gov.mb.ca Peter Bjornson, Minister of Entrepreneurship, Training and Trade: minett@leg.gov.mb.ca Green Party of Manitoba: info@greenparty.mb.ca Ontario TO: Premier Dalton McGuinty: dmcguinty.mpp.co@liberal.ola.org CC: Andrea Horwath, NDP Leader: ahorwath-co@ndp.on.ca Tim Hudak, Conservative Leader: tim.hudakco@pc.ola.org Sandra Pupatello, Minister of Economic Development and Trade: spupatello.mpp.co@liberal.ola.org Peter Shurman, PC Trade Critic: peter.shurmanco@pc.ola.org Howard Hampton, NDP Trade Critic: hhampton-qp@ndp.on.ca Mike Schreiner, Green Party Leader: jbhikha@gpo.ca Quebec TO: Premier Jean Charest: USE THE FORM: www.premier-ministre.gouv.qc.ca/premier-ministre/joindre-pm/courriel-en.asp CC: Amir Khadir, Leader of Quebec Solidaire: info@quebecsolidaire.net Pauline Marois, Leader of the Opposition: pauline.marois@assnat.qc.ca Gérard Deltell, Leader of the ADQ: gdeltell-chau@assnat.qc.ca Clément Gignac, Minister of Economic Development, Innovation and Export Trade: ministre@mdeie.gouv.qc.ca Jean-Martin Aussant, Economic development and trade critic, Parti Quebecois: jmaussant-niya@assnat.qc.ca New Brunswick TO: Premier David Alward: david.alward@gnb.ca / iga@gnb.ca CC: Victor Boudreau, Leader of the Opposition: victor.boudreau@gnb.ca Paul Robichaud, Minister of Economic Development: paul.robichaud@gnb.ca Roger Melanson, Liberal critic for Economic Development: roger.l.melanson@gnb.ca Green Party of New Brunswick: info@greenpartynb.ca Nova Scotia TO: Premier Darrell Dexter: premier@gov.ns.ca CC: Stephen McNeil, Leader of the Opposition: mcneilsr@gov.ns.ca Jamie Baille, leader of the PC party: JamieBaillie@gov.ns.ca The Honourable Percy Paris, minister of economic and rural development and tourism: econmin@gov.ns.ca Zach Churchill, Liberal critic for economic and rural development and tourism: churchzj@gov.ns.ca Chuck Porter, PC critic for economic and rural development and tourism: chuck@chuckporter.ca John Percy, Green Party Leader: leader@greenparty.ns.ca Prince Edward Island TO: Premier Robert Ghiz: premier@gov.pe.ca CC: Olive Crane, leader of the opposition: omcrane@assembly.pe.ca NDP of PEI: ndppei@pei.aibn.com Newfoundland and Labrador TO: Premier Kathy Dunderdale: premier@gov.nl.ca CC: Lorraine Michael, NDP leader: lorrainemichael@gov.nl.ca Yvonne Jones, Liberal leader: yvonnejones@gov.nl.ca Susan Sullivan, Minister of Innovation, Trade and Rural Development: SusanSullivan@gov.nl.ca Marshall Dean, Liberal trade critic: MarshallDean@gov.nl.ca Yukon TO: Premier Dennis Frentie: premier@gov.yk.ca CC: Arthur Mitchell, leader of the Opposition: arthur.mitchell@yla.gov.yk.ca Elizabeth Hanson, leader of the NDP: elizabeth.hanson@yla.gov.yk.ca The Honourable Jim Kenyon, Minister of Economic Development: jim.kenyon@gov.yk.ca Northwest Territories TO: Premier Floyd Roland: premier@gov.nt.ca CC: The Honourable Bob McLeod, Minister of Industry, Tourism and Investment: bob_mcleod@gov.nt.ca
Edit the letter in the box below:
Dear Premier, I understand your government and the other provinces have agreed to explore including investor rights in the Agreement on Internal Trade. This would allow private companies to directly challenge government policy they feel interferes with their profit-making activities. This is totally unreasonable and anti-democratic. I ask you to reverse your government's position. Investment treaties have been a disaster globally because they prioritize the protection of property and narrow economic interests over the right to regulate in the public interest. The investor-state dispute process in NAFTA has allowed U.S. investors, and the occasional Canadian firm registered in the U.S., to bypass Canadian courts and directly challenge health, environmental and resource-related policies before private trade panels. Canada has paid out more than $160 million to private investors under this process, with $130 million going to just one company – AbitibiBowater – this year. The federal, provincial and territorial governments recently made controversial changes to the AIT province-to-province (or territory) dispute process without public consultation. Two years ago, the Committee on Internal Trade agreed to include penalties of up to $5 million against provincial or territorial governments whose measures are found to interfere with interprovincial trade or investment flows. Ontario's restrictions on the sale of dairy blends (oil-based spreads and other products containing less than 50 per cent dairy) were recently struck down by an AIT panel. The province must now change its laws or face a fine. This is contrary to basic notions of democracy. Despite high-profile cases such as the Alberta-Ontario challenge, there has been little use of this heavy-handed AIT dispute process by provinces and territories in Canada. Private investors, on the other hand, have proven much less scrupulous around the world where investment rights have been enshrined in binding trade treaties. Including an investor-to-state dispute process in the AIT would multiply the number of challenges to provincial and territorial policies. The result would be a chill on government policy of all types for fear of sparking costly and time-consuming lawsuits. The Australian government recently stated it "does not support provisions that would confer greater legal rights on foreign businesses than those available to domestic businesses. Nor will the Government support provisions that would constrain the ability of Australian governments to make laws on social, environmental and economic matters." Canada's premiers and federal government must take the same position in trade agreements, whether international deals such as the Canada-EU Comprehensive Economic and Trade Agreement (CETA) or internal, such as the AIT. I join with millions of Canadians who last December asked federal, provincial and territorial governments to reconsider the new penalty system within the AIT's province-to-province (or territory) dispute resolution process, and to soundly reject the inclusion of an investor-to-state dispute process. I look forward to your response. Sincerely,
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