Gus Van Harten
“(British Columbia) can call for an injunction in the BC Superior Court, requesting the courts to order the federal government not to ratify the (Canada-China investment treaty) until the constitutional issues are resolved. (With this deal) the Harper government can bind future governments and bind the Canadian electorate for 31 years. (At this moment) the actor who is to blame is the federal government. (But) the provinces would be to blame if they sat on their hands for two weeks despite the implications of this treaty.” – Gus Van Harten
The Vancouver Observer reports, “With two weeks remaining before the controversial Canada-China Foreign Investment Promotion and Protection Act (FIPPA) is ratified, international investment law and treaty expert Gus Van Harten says BC has the option of delaying the treaty’s ratification through the courts. …According to international law, a foreign investment protection agreement treaty binds the state regardless of changes in federal or provincial governments. …BC isn’t the only province that has a strong case in courts against the federal government over FIPPA because they face potentially serious fiscal risk if Chinese companies invest in major assets. ‘It could be Ontario down the road, it could be the Ring of Fire — which is a strip of mineral rich land in Northern Ontario. In the north, there could be development of mines in northern Canada,’ Van Harten said. ‘Same with Saskatchewan, with the mineral right there.’ …Van Harten also sent letters to premiers of all across Canada, including BC Premier Christy Clark. He did this to help the provinces understand the scope of the fiscal risks this treaty will have on them and taxpayers.”
The deal is scheduled to come into force as of November 1.
The full article is at http://www.vancouverobserver.com/politics/canada-china-fippa-agreement-unconstitutional-treaty-law-expert-says.
