[mobglob-discuss] Groups launch appeal on constitutionality of NAFTA

[Tom Childs]

http://www.canadians.org/news_updates.htm?id=298&step=2&COC_token=23@@3f838b1b437283b1eb4eb34f951f95cd


[12-Aug-05] Groups launch NAFTA appeal... 


Groups launch appeal on constitutionality of NAFTA

TORONTO - Today, the Council of Canadians and Canadian Union of Postal
Workers (CUPW) are filing to appeal a Court decision concerning the
constitutionality of NAFTA investment rules. 

The groups had asked the Court to declare the private enforcement of
NAFTAs investment rules unconstitutional because it undermines the role
of Canadian courts and offends both the Charter of Rights and Freedoms
and the Bill of Rights.

Under Chapter 11, foreign corporations can sue the federal government
for compensation where legislation, policy or even the delivery of
public services interferes with present of future profits.

We believe that legal disputes between individual corporations and the
state, impacting on a wide range of legislation and public policy,
cannot be placed beyond the reach of the Constitution and Charter, said
trade lawyer Steven Shrybman. NAFTA tribunals are not competent to apply
Canadian law or legal principles, such as fundamental justice and
equality. 

CUPW and the Council of Canadians launched their court case against
NAFTA in 2001 in response to the United Parcel Service's (UPS) lawsuit
against Canada. UPS is suing Canada for $160 million USD in damages
under NAFTA arguing that our publicly funded network of mailboxes and
post offices gives Canada Post an unfair advantage when delivering
courier services that are in competition with private courier services.

A win for UPS would cost taxpayers millions and undermine their public
postal service, said CUPW National President Deborah Bourque. What's
more, the suit launched by UPS could just as easily be over public
education or health care. Most crown corporations and public agencies
deliver some services that are in competition with the private sector.

Investment provisions like Chapter 11 should be removed form NAFTA and
other trade agreements signed by Canada, said Jean-Yves LeFort of the
Council of Canadians. The willingness of our government to submit to
these rules reflects an overwhelming concern for the commercial interest
of foreign corporations at the expense of the public interest.

The groups are appealing the decision to the Ontario Superior Court of
Appeal and expect the case to be heard later this year or early 2006.

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For more information, contact:
Meera Karunananthan, Media Officer, The Council of Canadians: (613)
233-4487 ext.234; cell: (613) 795-8685; meera at canadians.org ,
www.canadians.org 

Joseph Zebrowski, Communications, Canadian Union of Postal Workers,
(613) 236-7230 (7914) jzebrowsik at cupw-sttp.org