The Council of Canadians is opposed to the Chapter 11 investor-state clause in the North American Free Trade Agreement that allows a corporation to sue a national government for public interest legislation and actions that may affect its profits.
In March 2009, Council of Canadians Board member Steven Shrybman presented to the Standing Committee on International Trade during their review of Chapter 11. More on that at http://canadians.org/campaignblog/?p=257.
We are also opposed to the inclusion of Chapter 11-like investor state provisions in proposed deals, such as the Canada-European Union comprehensive economic and trade agreement.
The NAFTA Chapter 11 challenges we are currently tracking include:
1- Abitibi files $500 million claim under NAFTA, http://canadians.org/campaignblog/?p=2973
2- $188 million NAFTA challenge on Digby Neck Quarry (Bilcon), http://councilofcanadianslondon.wordpress.com/2008/02/06/1368/
3- NAFTA could stop New Brunswick ban on cosmetic use of pesticides (Dow Chemical), http://canadians.org/campaignblog/?p=300
4- Exxon’s NAFTA lawsuit shows need for national energy strategy, http://canadians.org/action/2007/28-Sept-07.html
5- Council calls for RCMP investigation of Blackfire mining company, http://canadians.org/campaignblog/?p=3051
6- US investors file $155 million NAFTA private health care challenge (Centurion), http://councilofcanadianslondon.wordpress.com/2008/09/23/council-of-canadians-weekly-round-up-sept-19-2008/
7- NAFTA investor-state challenge by Chemtura, http://canadians.org/campaignblog/?p=138
8- Ambassador Bridge owner launches $3.5 billion NAFTA challenge, http://canadians.org/campaignblog/?p=3214
9- NAFTA challenge launched against measures to protect Canada’s caribou herds, http://canadians.org/campaignblog/?p=3162
10- Tobacco lobby claims new law violates WTO and NAFTA, http://canadians.org/campaignblog/?p=2014
11- NY state senator says Ontario recycling program violates NAFTA, http://canadians.org/campaignblog/?p=400
12- Tar sands corporations may sue if water curtailed, http://www.canada.com/edmontonjournal/news/story.html?id=a243bc3d-9413-4ca1-b593-791173146f21
We will continue to track these challenges and intervene both politically and legally whenever possible, and we will continue to call for the removal of Chapter 11 from NAFTA as a first step to the abrogation of the whole agreement.
