- Why is our government planning to subject itself to
arbitration by an international court for foreign investors?
- Why should foreign investors be allowed to dictate any of our laws?
Why should their rights supercede those of our elected governments?
Reference: -3a. Subject only to paragraph 3b [a minor point regarding parallel
suits involving the same dispute] each Contracting Party
[government] HEREBY GIVES ITS UNCONDITIONAL CONSENT to the
submission of a dispute to international arbitration in accordance
with the provisions of this article. (p.62, May 13th MAI draft)
- Why does the MAI allow foreign investors to sue governments
but not vice versa -- especially if foreign investors have
been caught hurting people or the environment? The MAI draft
text simply makes no provisions for it whatsoever [as far as
I could see].
- Why should foreign investors be allowed legal rights that
are denied to freely-elected governments? The MAI does not
even let governments intervene in MAI lawsuits against other
governments by their own investors, although if such suits are
won they are permitted, like some dumb bodyguard, to back up
such investors. It would be as if our votes counted for nothing.
Reference: -A Contracting Party [government] MAY NOT INITIATE PROCEEDINGS
under this Article for a dispute which its investor has submitted,
or consented to submit, to arbitration under article D, unless the
other Contracting Party has failed to abide by and comply with the
award rendered in that dispute... (p.56)
- Why is there no appeal process if a government loses to a
foreign investor? Shouldn't there be provision to reverse
unfair or incompetent rulings? This is how our court systems
normally work in any democratic country.
Reference: -An arbitration award SHALL BE FINAL AND BINDING between the
parties to the dispute and shall be carried out without delay by
the party against whom it is issued... (p.66)
- The NAFTA has been shown to be a disaster for all signing parties
in terms of human rights, the environment, and employment. As in Nike's
takeover of Bauer, quality Canadian industry is being exported to Asia
where workers are underpaid and mistreated; Ottawa is already being sued
by Ethyl for $250 million over an environmental regulation; and millions
of people in Canada, the U.S. and Mexico have lost work - all directly
due to NAFTA. Will you now please abandon the belief that free trade is
beneficial to anyone but wealthy shareholders?
- Sir, you claim that education and our health care system are important
to you, but then, as your best example of the benefits of free trade,
you cite the economy of Chile, where shiny new private health clinics
stand next to dilapidated schools and state hospitals. How can you
rationalize this?
- The MAI constitutes a strong modification to national sovereignty.
Any change to the sovereignty of a country is a constitutional change,
and as such must, in any ethical democracy, be submitted to the public
vote. Yet, no discussion of the MAI or its implications has been brought
before the. Why is this?
- Fundamental to the MAI is a requirement that signing governments
subject themselves to arbitration by an international court for foreign
investors. Our country's laws and policies would be dictated by foreign
investors. By what reasoning can this be considered a democratic process?
- This government's stated emphasis is on job creation. But the most
influential group lobbying for free trade in Canada is the Canadian
Business Council on National Issues (BCNI), and since 1988, firms
belonging to the BCNI laid off more than 200,000 workers while boosting
their revenues by $32.1 billion. How can this government's endorsement
of free trade be justified when free trade is directly responsible
for massive work loss?
- Our planet is already in ecological crisis. The narrow considerations of foreign
investors completely oppose any form of environmental regulation. If this
government commits itself to the 20-year lock-in of the MAI, what future
do you see for your children's children?
- Will you call for public hearings on the MAI? If not, why not?
- What is your position on the MAI? Have you sufficiently informed yourself
about the MAI that you can make a responsible decision on whether to ratify it,
alter it, or end our country's participation in the agreement? What is your
decision, and what are your reasons?
- Do you realize that as a policy-maker, under the MAI you will be bound to
serve the corporate agenda against the will and welfare of your constituents?
How do you feel about this, and what will you do about it?