2017-06-15

Re the Renegotiation of NAFTA

Our thoughts on the renegotiation of NAFTA are welcome at Public consultations on the renegotiation of the North American Free Trade Agreement (NAFTA) with the United States and Mexico


I have offered my thoughts as follows in my first submission:



In the "In your view" field, I said:

"The very highest priority for the Government of Canada in the renegotiation of NAFTA should be the removal of all provision for Investor/State Dispute Settlement (ISDS) through the International Centre for Settlement of Investor Disputes (ICSID) since:

•ISDS permits international corporations to sue Canada by tribunal outside of any national judiciary to overturn new law enacted out of our sovereign right to govern ourselves;

•ISDS suits get decided in secret trials without recourse to appeal, utter anathema to a free and democratic society, never open and public;

•The evil of ISDS lies in its capacity to defeat the sovereign right of nations, Canada included, to govern themselves by granting international corporations with investments in Canadian business the right to sue Canadian federal, provincial, and local governments in these SECRET TRIALS outside of the Canadian judicial system if new environmental, labour, health and safety, business practice, etc. law impinges on their investment;

•These secret ISDS trials exist in one direction only – international corporations may sue nations, Canada included, but nations may not sue international corporations – ISDS raises international corporations from their proper status as subjects of nations and welcome guests within Canada to superiors of nations;

•Decisions by ISDS tribunals are based solely on the impact new Canadian law may have upon a complainant corporation’s investment, with all other factors (environmental, labour, health and safety, business practice regulation, etc.) government must consider when drafting law, regarded as irrelevant to each case;

•Decisions by ISDS tribunals are based upon neither existing statutes of any kind nor active precedents, implying that Canadian governments cannot know, when preparing new law, if our actions may be subject to attack under ISDS and, thus, may feel need to clear any new law with international corporate boards of directors if Canada wishes to preclude attack by ISDS suits;

•The above four conditions transform international corporations from subjects of nations or welcome guests within Canada to, in effect, non-territorial kingdoms and reinforce the current dangerous trend corrupting Capitalism toward Capital Feudalism by which:

  ·Capital replaces land as the feu;

  ·International banking replaces the Church as the external power;

  ·Non-territorial international corporations replace kingdoms as the fundamental holders of the feu;

  ·Corporate CEOs replace kings as the authorities by which the feu gets distributed and to whom loyal attachment must return;

  ·Major corporate internal divisions and subsidiaries replace baronies, earldoms, dukedoms, counties, etc. as subordinate holders of the feu;

  ·Corporate vice presidents, very senior managers, and subsidiary CEOs replace the various Lords of the Realm;

  ·Corporate managers and highly skilled technical professionals replace knights;

  ·Contractors replace the freeman peasantry; and

  ·Ordinary common working people are reduced to the new serfs;

 All while the role of sovereign nations and democratic decision making diminishes into insignificance, reducing Canada and participating nations to resource and labour colonies of international corporations;

•As a consequence of our participation in NAFTA as it currently exists, Canada is already the developed nation most frequently attacked with ISDS suits; and

•NAFTA is widely considered to be a template and precedent for many other so-called free trade (but in reality, international corporate protection) agreements in which Canada currently participates or are under negotiation with Canada’s participation."



In the "new issues" field, I said:

"When NAFTA was originally drafted, the Internet was barely a twinkle in the eye of citizens around the world. Now it is the central way we communicate and conduct commerce, innovate, create culture, and engage in political discussion and dissent.  I have the impression that the American team is hoping to make big changes and they'll want use the failed TPP Intellectual Property Chapter, with its secretive processes driven by hordes of corporate lobbyists, as a blueprint for NAFTA to make our Internet more censored, expensive, and policed. It is essential that we get NAFTA wording that impacts the future of our Internet right to ensure that our pro-Internet policies are not undermined in this agreement."



In the "Other comments" field, I said:

"I urge that Canada requires:

•The sovereignty-deleting Investor/State Dispute Settlement (ISDS) through the International Centre for Settlement of Investor Disputes (ICSID) provision be wholly removed from a renegotiated North American Free Trade Agreement (NAFTA);

•In place of ISDS, a renegotiated NAFTA provide that Canadian operations of international corporations which find themselves at issue with our governments at any level should bring the matter to an open and public Canadian court within the Canadian judicial system for decision under Canadian law in the same way as wholly domestic Canadian corporations and Canadian citizens must do; and

•Alternatively, in place of ISDS, a renegotiated NAFTA provide that, if an issue exceeds the competence of Canadian courts, an international corporation should openly and publicly request its home nation government (by home nation, I do not mean that nation within which an international corporation is chartered or locates its corporate head office; I mean that nation in which the plurality of the corporation's equity capital ownership resides) to pursue the matter in an open and public international court on a sovereign nation versus sovereign nation basis that clearly holds international corporations as subjects of sovereign nations and not as equals with, nor as masters of, sovereign nations."



In a second submission, I offered additional thoughts as follows:



In the "In your view" field, I said:

"A priority for the Government of Canada in the renegotiation of NAFTA must be for open and public negotiations. This government, in the last election, promised to be fully open with Canadians. NAFTA and for other so-called free trade agreement negotiations have been and continue to be conducted in secret by government trade negotiators with the exception that representatives of international corporations with interest in the effects of international trade are permitted access to these negotiators and to contribute to treaty development while:

•Wholly domestic Canadian businesses with an interest in how international trade may affect their own local business operations,

•Organizations concerned about environmental issues and how international trade may impact the Canadian and worldwide environment,

•Labour organizations with concerns about how international trade may affect working Canadians,

•Canadian agricultural organizations with concerns about Canadians’ capacity to feed ourselves while also trading internationally,

•Organizations attentive to health and safety issues and concerned with the effect of international trade on those issues, and

•Others with interest in the effect of international trade on Canadian society

are all prohibited the same access to Canada’s government trade negotiators."





In the "new issues" field, I said:

"In addition to the impact a renegotiated NAFTA may have on international corporations, the new treaty must also take into account its impact on:

•Wholly domestic Canadian businesses with an interest in how international trade may affect their own local business operations,

•Organizations concerned about environmental issues and how international trade may impact the Canadian and worldwide environment,

•Labour organizations with concerns about how international trade may affect working Canadians,

•Canadian agricultural organizations with concerns about Canadians’ capacity to feed ourselves while also trading internationally,

•Organizations attentive to health and safety issues and concerned with the effect of international trade on those issues, and

•Others with interest in the effect of international trade on Canadian society."





In the "Other comments" field, I said:

"If NAFTA renegotiation must be kept secret, then I urge that either:

•Representatives of international corporations with interest in the effects of international trade must be refused access to the negotiators or to contribute to treaty development, or

•Representatives of:

  ·Wholly domestic Canadian businesses with an interest in how international trade may affect their own local business operations,

  ·Organizations concerned about environmental issues and how international trade may impact the Canadian and worldwide environment,

  ·Labour organizations with concerns about how international trade may affect working Canadians,

  ·Canadian agricultural organizations with concerns about Canadians’ capacity to feed ourselves while also trading internationally,

  ·Organizations attentive to health and safety issues and concerned with the effect of international trade on those issues, and

  ·Others with interest in the effect of international trade on Canadian society

must be granted the same access to these negotiators and to contribute to treaty development as may be granted to representatives of international corporations."

2017-05-07

On Voting in British Columbia's Provincial General Election, 2017, May 9, Tuesday

When you go to the polls on Tuesday, please remember that we live in a representative Parliamentary democracy and that you are voting for a PERSON to represent you and your local constituency in the British Columbia Legislature. Your Member of the Legislative Assembly is responsible to you the voter, not to a party nor a party leader and it is the Legislative Assembly that creates the government and that government is responsible to the Legislative Assembly.
VOTE THE PERSON and, as you consider each candidate for election to the British Columbia legislature in your riding, please ask yourself how your views on each specific public issue match with the views expressed or implied by each candidate, recognizing that a 100% match cannot be possible, then ask, if elected, will this candidate:
  • Represent the views of your own local constituency when it comes to issues that affect the province as a whole (in contrast to representing some party line back to your local constituency)?
  • Represent the views of your local constituency when it comes to issues that affect the constituency itself (in contrast to representing some party line back to your local constituency)?
  • Be free to vote in the legislature by conscience and the will of your own local constituency (in contrast to being subject to getting whipped by a party Whip in the legislature)?
  • Have integrity and be energetic and capable of following through with commitments made during the election campaign?
  • Be an articulate and intelligent spokesperson for your riding within the legislature?
If we all vote the person rather than vote the party and our MLAs know that we are voting the person and holding them responsible to us, the voters in their own constituencies, and not responsible to some party or party leader, then we can break the representative democracy-distorting power of political parties and return policy origination back to our Legislative Assembly and its committees, away from party conventions and back rooms.

2017-01-25

Petition Re NAFTA and ISDS

I have prepared a petition in response to the opportunity to seek removal of ISDS from NAFTA given by the intention of the new President of the United States to open NAFTA for renegotiation.  The text of the petition follows.  Unlike the actual petition which cannot contain hyperlinks, this copy contains links to various related articles about ISDS.  The petition itself is on Change.org; do not attempt to sign it here.

Petition Re NAFTA and ISDS
To:  Prime Minister, The Right Honourable Justin P. J. Trudeau,
Minister of International Trade, the Honourable François-Philippe Champagne,
The Parliament of Canada, and
the rest of the Government of Canada
Whereas The new President of the United States of America has stated his intention to open the North American Free Trade Agreement (NAFTA) for complete renegotiation; and
Whereas Negotiations for NAFTA and for other so-called free trade agreements have been and continue to be conducted in secret by government trade negotiators with the exception that representatives of international corporations with interest in the effects of international trade are permitted access to these negotiators and to contribute to treaty development while:
  • wholly domestic Canadian businesses with an interest in how international trade may affect their own local business operations,
  • organizations concerned about environmental issues and how international trade may impact the Canadian and worldwide environment,
  • labour organizations with concerns about how international trade may affect working Canadians,
  • Canadian agricultural organizations with concerns about Canadians’ capacity to feed ourselves while also trading internationally,
  • organizations attentive to health and safety issues and concerned with the effect of international trade on those issues, and
  • others with interest in the effect of international trade on Canadian society
          are all prohibited the same access to Canada’s government trade negotiators; and
Whereas NAFTA contains provision for Investor/State Dispute Settlement (ISDS) through the International Centre for Settlement of Investor Disputes (ICSID); and
Whereas ISDS permits international corporations to sue Canada by tribunal outside of any national judiciary to overturn new law enacted out of our sovereign right to govern ourselves; and
Whereas ISDS suits get decided in secret trials without recourse to appeal, utter anathema to a free and democratic society, never open and public; and
Whereas The evil of ISDS lies in its capacity to defeat the sovereign right of nations, Canada included, to govern themselves by granting international corporations with investments in Canadian business the right to sue Canadian federal, provincial, and local governments in these SECRET TRIALS outside of the Canadian judicial system if new environmental, labour, health and safety, business practice, etc. law impinges on their investment; and
Whereas These secret ISDS trials exist in one direction only – international corporations may sue nations, Canada included, but nations may not sue international corporations – ISDS raises international corporations from their proper status as subjects of nations and welcome guests within Canada to superiors of nations; and
Whereas Decisions by ISDS tribunals are based solely on the impact new Canadian law may have upon a complainant corporation’s investment, with all other factors (environmental, labour, health and safety, business practice regulation, etc.) government must consider when drafting law, regarded as irrelevant to each case; and
Whereas Decisions by ISDS tribunals are based upon neither existing statutes of any kind nor active precedents, implying that Canadian governments cannot know, when preparing new law, if our actions may be subject to attack under ISDS and, thus, may feel need to clear any new law with international corporate boards of directors if Canada wishes to preclude attack by ISDS suits; and
Whereas The above four conditions transform international corporations from subjects of nations or welcome guests within Canada to, in effect, non-territorial kingdoms and reinforces the current dangerous trend corrupting Capitalism toward Capital Feudalism by which:
  • Capital replaces land as the feu;
  • International banking replaces the Church as the external power;
  • Non-territorial international corporations replace kingdoms as the fundamental holders of the feu;
  • Corporate CEOs replace kings as the authorities by which the feu gets distributed and to whom loyal attachment must return;
  • Major corporate internal divisions and subsidiaries replace baronies, earldoms, dukedoms, counties, etc. as subordinate holders of the feu;
  • Corporate vice presidents, very senior managers, and subsidiary CEOs replace the various Lords of the Realm;
  • Corporate managers and highly skilled technical professionals replace knights;
  • Contractors replace the freeman peasantry; and
  • Ordinary common working people are reduced to the new serfs;
All while the role of sovereign nations and democratic decision making diminishes into insignificance, reducing Canada and participating nations to resource and labour colonies of international corporations; and
Whereas As a consequence of our participation in NAFTA, Canada is already the developed nation most frequently attacked with ISDS suits, with one immediately a recent case in point, an ISDS judgment against the province of Ontario; and
Whereas NAFTA is widely considered to be a template and precedent for many other so-called free trade agreements in which Canada currently participates or are under negotiation with Canada’s participation;

Therefore We the undersigned Canadians, prepared, “O Canada, We stand on guard for thee,” do petition you to:
Require that The sovereignty-deleting Investor/State Dispute Settlement (ISDS) through the International Centre for Settlement of Investor Disputes (ICSID) provision be wholly removed from a renegotiated North American Free Trade Agreement (NAFTA);
Require that In place of ISDS, a renegotiated NAFTA provide that Canadian operations of international corporations which find themselves at issue with our governments at any level should bring the matter to an open and public Canadian court within the Canadian judicial system for decision under Canadian law in the same way as wholly domestic Canadian corporations and Canadian citizens must do;
Require that Alternatively, in place of ISDS, a renegotiated NAFTA provide that, if an issue exceeds the competence of Canadian courts, an international corporation should openly and publicly request its home nation government (by home nation, we do not mean that nation within which an international corporation is chartered or locates its corporate head office; we mean that nation in which the plurality of the corporation's equity capital ownership resides) to pursue the matter in an open and public international court on a sovereign nation versus sovereign nation basis that clearly holds international corporations as subjects of sovereign nations and not as equals with, nor as masters of, sovereign nations;
Require that In line with this government’s commitment to be fully open to Canadians, the renegotiation occur openly for public scrutiny; and
Require that Representatives of:
  • wholly domestic Canadian businesses with an interest in how international trade may affect their own local business operations,
  • organizations concerned about environmental issues and how international trade may impact the Canadian and worldwide environment,
  • labour organizations with concerns about how international trade may affect working Canadians,
  • Canadian agricultural organizations with concerns about Canadians’ capacity to feed ourselves while also trading internationally,
  • organizations attentive to health and safety issues and concerned with the effect of international trade on those issues, and
  • others with interest in the effect of international trade on Canadian society
have the same access and opportunity to contribute to a renegotiated NAFTA as do representatives of international corporations.

Therefore also We Canadians who love our sovereign, “True north, strong and free,” do petition you to:
Commit to Seek to remove ISDS from all other so-called free trade agreements to which Canada is party, as those agreements come up for renewal,
Refuse to Sign or ratify so-called free trade agreements currently under negotiation as long as they contain ISDS,
Refuse to Participate in any new so-called free trade negotiations if parties to those negotiations intend to include ISDS.


Thank you for your attention.

2016-12-24

Christmas Letter '16

Nadolig Llawen! Merry Christmas! Buon Natale!

Christmas 2016.

From our home to yours, dear Family and Friends,

Again it is our pleasure to share a little bit of our lives over the past year at this very special time of year.  We hope you enjoy a full and restful Christmas/New Year season.  2016 has been very much a typical year for us, happy with very ordinary challenges.

Tina continues to take casual shifts, nursing at VGH  while she enjoys her retirement.  She also keeps up her cello lessons at the Delta Community Music School under the tutelage of Bo Peng, accepting gradually increasingly more challenging music to learn.  Although Tina intended to resume taking harp instruction as well, that just did not work out again for this year; perhaps in the new year.

With exercise and prescribed medication, Ted's health continues as stable, with only occasional colds and a few dental issues.  He continues to alternate 3 days of swimming (2500 m. in roughly 50 min.) with 3 days of cycling (16.4 km. in roughly 50 min.), sometimes substituting a good stiff walk (a little over 4.3 km. in roughly 45 min.).  In addition, Ted often walks Adam once or twice a day, depending on Angela’s working and studio activities.  With stops for sniffing and other doggy business, these walks do not constitute measurable exercise but can take an hour or more each.

Angela and her friends in the Dusty Babes Collective continue to work in their studio in south Surrey near White Rock. She spends much of Tuesdays to Fridays with her own works at the studio.  Angela left her part-time work at Spawts last spring.  Instead she added another part time position as Monday ceramics studio technician for the South Surrey Recreation Centre to her Saturday ceramics studio technician work for Vancouver’s West End Community Centre.  Tina and Ted both remain in wonder at the beauty of Angela’s ceramic creations which range from hand crafted ceramic buttons through cups and bowls of various sizes and exquisitely delicate ceramic sculptures to large vases. The Dusty Babes had two exclusive gallery showings of their ceramic art works, the first, in July, was their Vanity Publishing show at the Pop Up Newton Gallery in Surrey’s Newton town centre. This show emphasized the Dusty Babes more artistic ceramic creativity and included Angela's “Wallflowers,” a collection imaginative decorative ceramic flower sculptures dispersed across one wall of the gallery. This month their Comfort Show at Pop-Up-Town Gallery in White Rock featured their more functional, pragmatic, ceramic works, all presented for public sale. Angela included beautiful vases, mugs, and bowls. Their open house in October give the public opportunity to see their works in progress within their various studio spaces. Now, the Dusty Babes look forward to fulfilling their invitation to show at the prestigious British Columbia Gallery of Ceramics not yet scheduled in the new year.

Outside of her art, Angela has developed a growing interest in sophisticated board games with which she shares with her girlfriend, Christie, and English as a Second Language teacher whom she met a year and a half ago.

David continues his musical studies as a founding student in the new strings music program within the Music Department of Kwantlen Polytechnic University, commuting to the Langley campus.  His focus remains on his viola, giving him great success while he really enjoys his studies.  The strings program remains very small which means that no large ensemble (required by the Kwantlen Music Department) exists, so the university continues to send him and the cello students to play with the Trinity Western University Orchestra. This should change with the new term in January as KPU anticipates having enough string students to put together their own, rather small, large ensemble. Kwantlen also requires music students to participate in small ensembles and we enjoyed the end-of-term recitals and concert performances by David's string quartet (David, the cello student, a flute student from Kwantlen Music's wind program and a piano student from Kwantlen Music’s piano program) in April and by his two trios (one with David, a cello student, and a piano student, the other with David, the same cello student, and a harp student) at the end of term this month.  Outside university, David continues with private study on his viola with Robert Hirschhorn Rozak.

Although studying music at Kwanten, David continues private study on piano, at the Delta Community Music school, in Garth Preston’s studio.  He also continued to play with the adult Richmond Orchestra for the first half of the year but decided to focus more on his KPU musical studies and did not return to the orchestra when it started preparing for it's new season in September. With the change in KPU’s large ensemble for strings scheduling, he anticipates being free to take his viola to play and perform with the Stradivari Ensemble in the New Year.  We had a surprise when we attended the Vancouver Welsh Mens’ Choir/Winter Harp Christmas concert as one of the choir members approached David to join the choir.  He excitedly looks forward to giving this a try when the VWMC resumes rehearsals with the New Year.

David continues to enjoy writing, especially fiction, with which he extends his imagination.  The novel, The Sheltered Life of Betsy Parker, that he published last year as a digital copy has drawn ongoing interest and responses on the GoodReads literary sharing site. David received sufficient feedback that he made some significant revisions to the novel and published a second addition, now available both digitally and as hardcopy on Amazon. David has also taken two the events in the novel and written piano tunes attached to those events, drawing interest from his instructors at KPU. In the same way, one of David's written assignments this past term drew such interest that his instructor passed the work on to David's Music Technology instructor for development into a musical project in the new term starting in January.

David’s ASD remains a significant factor in his life, limiting his social connection among his contemporaries and gave him a crisis mental health issue late last spring. His ASD specialist psychiatrist and our minister at Ladner United Church, together, give David wonderful support in response through that issue. Tina and I feel deeply thankful that David continued connection with his ASD specialist psychiatrist while he had no significant ASD issues for psychiatric attention. Dr. Bailey was thus able to respond promptly when this issue arose.

Other than a few quick trips to Vancouver Island, we did not take a get-away this year.  On one off those trips we enjoyed visiting with Ted’s former schoolmates, Dick and Lynn Zandee at their beautiful home in Duncan.

This year brought few life events for us to mark, the one of significance being that Ted joined all other first-year Baby Boomers in celebrating his seventieth birthday in March.  We shared an early "Christmas" as Ted’s brother Norman and his wife Barbara prepared to leave for Australia for a Christmas visit with their son Gareth and wife Zoë at the University of Melbourne where Gareth works on a post-doctoral fellowship studying the effects of artificial lighting on cricket and other insect populations.

Looking beyond ourselves, Ted grows increasingly concerned with the direction Canada’s new federal government takes: not enough of the promised “real change” and too much keeping the troubling policies of the previous government.  This applies most particularly to the approach to so-called free trade treaties that are more accurately characterized as corporate protection deals containing the sovereignty attacking ISDS provision. Ted has written open letters to our MP, the Prime Minister, and other appropriate Federal ministers and Opposition critics and copied them to his blog.  We also share a certain unease with many around us at the result of the Presidential election among our neighbours to the south.

We share many Canadian’s concern for the plight of the many refugees from that horrible civil war in Syria.  Our congregation at Ladner United Church participates with many others across the country and added a third refugee family whom, with the previous two, we participate in giving financial support as they settle into their new lives.

Catinka, in her seventeenth year, remains very much queen of our house, while Angela’s ducks continue to hold authority over our back yard.  Sadly, we lost Tango this past autumn. At fourteen and a half years of age, his moult in August took just too much out of the old boy.  He recovered his full plumage but was just not quite the same drake, moving delicately with elderly caution until the morning when we found he had passed in the night.   Jemima and Rebeccah resumed their egg production with the new year, less heavily than last year, then slowed and stopped completely when they moulted with the end of summer.  They have not yet resumed resumed laying again.  Adam, Angela’s red haired standard poodle, has settled in as very much a part of the family, continuing to endear himself to us all.  He has quite the collection of “friends” that he loves to greet and engage in play when out and about, his favourite game being “Chase Me,” running in great circles centred on the one of us who is out with him while his “friend” chases him along an inner circle.  To Adam’s dismay, many of his “friends” give up on this game as he runs too fast for them.

Ted continues to seek players to experiment with his invented team sports of Two Ball and Delta.  Lacking sufficient contact of his own among sports minded youth, he continues to approach schools as their Physical Education and intramural sport programs likely offer the best chance of drawing sufficiently large groups of players together.  This remains disappointing as no schools have taken up either game yet, advising that they are preoccupied with implementing new province-wide Physical Education curricula.  Ted also keeps up his web presence for the games, periodically posting to the site blog, and on Facebook.  These continue to catch some attention world-wide, but he still awaits word of anyone actually playing either game.  You are most welcome to have a look and draw the games to the attention of sport minded people you may know.

And now we look forward to 2017.  Recent weeks, of course, have filled us with Christmas preparations.  We hope yours have gone well and we wish you a Merry and Blessed Christmas and all happiness in the New Year.

With our love,
Ted, Tina, David, and Angela.

P. S. That this letter arrives on Christmas Eve is entirely deliberate.

Blwyddyn Newydd Dda!                                   Happy New Year! Felice Nuovo Anno!

2016-10-20

An Open Letter to My Prime Minister: CETA and other ISDS containing treaties

Dear Right Honourable Mr. Trudeau,

I am dismayed by the CBC News item last Thursday (2016, October 13) titled, "Justin Trudeau says CETA will test European Union's ‘usefulness.’”  As I contemplate this bit of news through the days following, I feel an increasing sense of distress that Canada's new government is prepared to follow the path set by our previous government in betraying Canada's sovereignty to Investor-State Dispute Settlement (ISDS) provisions in so-called trade agreements. This most certainly is not "Real Change" nor is it anything like ”Sunny Ways.”

In chiding European Union nations about hesitating to ratify the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) you reveal your intention that Canada should ratify this so-called free trade (but in reality, international corporate protection) agreement with its sovereignty deleting ISDS provision. This suggests to me that you also intend that Canada should ratify the Trans-Pacific Partnership (TPP) and continue to participate in Trans-Atlantic Trade and Investment Partnership (TTIP), and the Trade in Services Agreement (TiSA) secret negotiations, all of which include provisions for ISDS by which international corporations can turn to the International Centre for Settlement of Investor Disputes (ICSID) and sue Canada in SECRET TRIALS by tribunal outside of any national judiciary to overturn new law enacted out of our sovereign right to govern ourselves.

I write to call on our new government to reject these legacies of former Prime Minister, Steven Harper. They will block the “Real Change" for which Canadians voted. Canadians can do better than these dangerous, costly, and outdated bad deals that will kill jobs, undermine environmental protections, restrict free expression online, and, most seriously, erode our democratic rights, permitting international corporations to attack our sovereign right to govern ourselves. I was dismayed when Minister Freeland signed TPP on February 4th without the free and open consultation with Canadians you promised. On the other hand, although following the signing, I am thankful for the efforts of the House of Commons Standing Committee on International Trade to hear Canadians' thoughts; they have my submission.
During last Fall’s election, at the announcement of successfully completed TPP negotiations, no one within the Liberal Party of Canada raised Canada’s participation in this agreement with its sovereignty attacking ISDS provision as the fundamental issue it should have been. I really do not understand why our sovereignty did not take front and centre as THE issue through the election campaign. I asked my local candidates on more than one occasion to address the issue and subsequently also asked my new MP (to whom I could not give my vote in spite of her many other desirable and attractive qualities, as she would not address this critical issue), now one of your Cabinet Ministers. After all, if international corporations can sue Canada in SECRET when your new government takes action to correct the damage inflicted by the previous government, we will find ourselves impotent to act. Nobody has ever responded to my requests. I have no problem with free trade, as such and recognize the economic principle of comparative advantage; I do see that betraying Canada's sovereignty as entirely another matter.
Our previous government negotiated in secret, then signed CETA and secretly negotiated TPP which Minister Freeland has now signed. Both now await ratification. It had also signed other so-called free trade agreements, most notoriously they secretly negotiated, then signed, and eventually ratified the Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) which goes far beyond simply providing for freer trade but, in effect, diminishes Canada to a resource colony of the Communist dictatorship in Beijing for the next thirty years. With the inclusion of the ISDS provision, Chinese firms (which are merely arms of the Chinese Communist dictatorship) with investments in Canadian business now have the right to sue Canadian federal, provincial, and municipal governments in SECRET TRIALS if new environmental, labour, health and safety, business practice, etc. law impinges on their investment. That is to say, Canada now has to clear such new laws, regulations, and court judgments with Beijing in order to bring them into effect.
My understanding of the development process to produce these treaties and their ISDS provision content is that:
  • Negotiations towards these so-called free trade treaties are conducted in secret by government delegated negotiators, except that the only people outside of government who are granted access to Canada’s negotiators are representatives of international corporations, given equal standing at the negotiation table with nations and able to dictate provisions within the agreements, while the Canadian public remains completely uninformed of progress through these negotiations and that:
  1. wholly domestic Canadian businesses with an interest in how international trade may affect their own local business operations,
  2. organizations concerned about environmental issues and how international trade may impact the Canadian and worldwide environment,
  3. labour organizations with concerns about how international trade may affect working Canadians,
  4. Canadian agricultural organizations with concerns about Canadians’ capacity to feed ourselves while also trading internationally,
  5. organizations attentive to health and safety issues and concerned with the effect of international trade on those issues, and
  6. others with interest in the effect of international trade on Canadian society,
           all are prohibited the same access to Canada’s government trade negotiators;
  • Canada submitting to ICSID and its ISDS secret trials constitutes serious suborning of our sovereign right to govern ourselves;
  • ISDS proceedings, in effect, raise international corporations from being subjects of nations to non-territorial kingdoms, equal with, or even masters of, nations;
  • ISDS proceedings are conducted as SECRET TRIALS, utter anathema to a free and democratic society, never open and public;
  • Decisions by ICSID tribunals in ISDS suits cannot be appealed to a higher court;
  • ISDS suits occur in one direction only, corporations can sue nations but nations cannot sue corporations; and
  • ICSID tribunals made up of corporate lawyers (one selected by the suing corporation, one by the defending nation, and one so-called neutral, but all drawn from corporate legal practice and vested in corporate interests) can never actually be fair and impartial judges of ISDS suits.
As I understand it, the evil of ISDS lies in its capacity to defeat the sovereign right of nations to govern themselves through secret trials without recourse to appealAlthough the ICSID with its ISDS has existed for quite some time, I, along with most of the Canadian public, was not aware of this danger to Canada's sovereignty. This may, in part, result from international corporations only recently taking to exploiting ISDS to their advantage, challenging national governments more frequently than through previous decades. I did not recognize the danger back when NAFTA was negotiated, signed, and ratified.  Recently, I learned that, as a consequence of ISDS in NAFTA, Canada is already the developed nation most frequently attacked with ICSID suits, with one immediately a recent case in point, an ISDS judgment against the province of Ontario.  Only with publicity of controversies at the time of the Canada-China FIPPA announcement and eventual ratification did I came to understand the threat Canada faces. ISDS forms part of very many modern so-called free trade (but in reality, international corporate protection) agreements and through that provision international corporations now seek to detach themselves as subjects of nations and hold themselves as equals with, or masters of, nations and attack nations' sovereign right to democratically govern themselves.  This establishes a dangerous trend by which Capitalism degenerates toward Capital Feudalism:
  • Capital replaces land as the feu;
  • International banking replaces the Church as the outside power;
  • Non-territorial international corporations replace kingdoms as the fundamental holders of the feu;
  • Corporate CEOs replace kings as the authorities by which the feu gets distributed and to whom loyal attachment must return;
  • Major corporate internal divisions and subsidiaries replace baronies, earldoms, dukedoms, counties, etc. as subordinate holders of the feu;
  • Corporate vice presidents, very senior managers, and subsidiary CEOs replace the various Lords of the Realm;
  • Corporate managers and highly skilled technical professionals replace knights;
  • Contractors replace the freeman peasantry; and
  • Ordinary common working people are reduced to the new serfs;
  • All while the role of sovereign nations and democratic decision making diminishes into insignificance.
This trend must not be permitted as it reduces participating nations, Canada included, to resource and labour colonies of those corporations. For suborning Canada’s sovereignty to international corporations through ICSID, former Prime Minister Harper and those of his ministers involved in these negotiations should be called to answer to the charge of treason.
As a positive suggestion, may I offer that, instead of ISDS, Canadian operations of international corporations that find themselves at issue with our governments at any level should bring the matter to an open and public Canadian court within the Canadian judicial system for decision under Canadian law in the same way as wholly domestic Canadian corporations and Canadian citizens must do. If an issue exceeds the competence of Canadian courts, an international corporation should publicly request its home nation government (by home nation, I do not mean that nation within which an international corporation locates its corporate head office, I mean that nation in which the plurality of the corporation's equity capital ownership resides) to pursue the matter in an open and public international court on a sovereign nation versus sovereign nation basis that clearly holds international corporations as subjects of sovereign nations and not as equals with, nor as masters of, sovereign nations.
Please do the right thing and refuse to ratify CETA and TPP as each comes up for ratification unless the sovereignty-destroying ISDS provision gets stripped from these agreements and withdraw Canada from the secret TTIP and TiSA negotiations as long as they remain secret (after all you did promise to be open with Canadians) and also contain the sovereignty-deleting ISDS provision.
Please share your thoughts on this vitally fundamental issue in Parliament and publicly with voters all across Canada.
Respectfully submitted.