============================================================================ Date: Mon, 26 Feb 2001 11:55:16 -0400 To: "Bruna's list" <•••@••.•••> From: •••@••.••• (Jan Slakov) Subject: After the FTAA vote Cc: <•••@••.•••> Dear "Bruna's list", Well, the government voted not to make the contents of the proposed FTAA agreement available for parliamentarians (even though apparently over 500 CEOs already have priviledged access to the document). Looking at the vote record, it seems that the Liberals alone voted to be kept in the dark. Janet Eaton has pointed out that this vote runs counter to a recommendation made by the Sub-Committee on International Trade, Trade Disputes and Investment: "It would appear that Recommendation No. 5 of the Parliamentary Hearing Report of the Sub-Committee on International Trade, Trade Disputes and Investment, [ CANADA AND THE MAI ] Chaired by Bill Graham, M.P. , and tabled December 1997 is particularly relevant in regard to both the FTAA and the GATS negotiations. Recommendation No. 5 In future negotiations regarding matters of as widespread importance as the MAI, the Government should undertake an open and transparent process so that public disclosure and consultations can be carried out in a timely manner, to the extent that this is strategically possible. [This recomendation seems all the more pertinent given that aspects of the MAI are subsumed in both the FTAA and the GATS.]" People who did not get around to writing to MP(s) before the vote might want to still do so. You could point out that you think it is absurd for parliamentarians to vote to keep a document which would impinge on national sovereignty secret. You could ask your MP to call publicly for protection of the human rights of protesters who will try to prevent the FTAA agreement from being signed. I feel that these protesters are on "the front lines" of the struggle to protect democracy and to prevent corporate plunder of the earth and that we, who stay at home, should find ways to support them. Below I will clip in recent items relating to these free trade agreements, the FTAA vote, etc. (Also, at the end, the "recipe" for contacting MPs :) all the best, Jan ************************************************************* Note from Jan: As background to this piece, it should be noted that the Metaclad case is one of the most egregious examples of how a free trade agreement can imperil democracy and environmental protection. (Basically, I understand that Metaclad sued a Mexican municipality for trying to prevent it from setting up a toxic waste dump/treatment centre there. It won under NAFTA! Canadians have had a similar experience, when Ethyl Corp won the right to sell MMT, a neurotoxin which is used as an additive to gas. Ethyl Corp won even though the additive is still banned in the US. The Canadian government was obliged to pay an award of some $13 million US to the corporation AND revoke the ban on MMT!) Before sending you the message just below, with the "news flash" about the NDP being in favour of abrogating NAFTA, I was able to speak with a legislative assistant to Svend Robinson. The assistant says that, contrary to impression one would get from the message below, the NDP has not changed its position on NAFTA. The NDP still feels it would be very disruptive to reject all of NAFTA, but it certainly would be in favour of doing away with some parts, such as the notorious Chapter 11. In any case, I want to thank Connie Fogal and others who are helping strengthen "progressive" voices in Canada. I have, at times, been so disappointed in the way the NDP seemed to be heading along with the rest of the pack, towards unfettered corporate globalization. But I am hopeful now that it will re-connect with its progressive roots. ====================================== Date: Tue, 20 Feb 2001 23:48:17 -0800 From: Connie Fogal <•••@••.•••> Subject: Fed NDP says Abrogate NAFTA NEWS FLASH: New Democratic Party of Canada calls for abrogation of NAFTA "NAFTA must be torn up. It must be thrown away!" Libby Davies, Member of Parliament Vancouver East, February 19, 2001 Vancouver Courthouse, Vancouver BC Canada. On February 19, 2001 while the Review of the NAFTA Tribunal ruling against Mexico in the case of Mexico vs Metalclad was being conducted inside court, citizens calling for the abrogation of NAFTA demonstrated outside the Court from 10:00 A.M. to 2:00 P.M. The demonstration was organized by the Defence of Canadian Liberty Committee and the Canadian Action Party. Media coverage was excellent. Spirits were high. People came from Vancouver Island, the Sunshine Coast, the Okanagan, the lower mainland of BC, and a very few from the U.S and Mexico. The plaza area and steps in front of the Court was full. Speakers at 1:00 P.M. were: Green Peace Mexico - Fernando Bejarano directly involved in Metalclad dealings Dr. Angelina Nunez- Mexican citizen from the area in issue in Mexico B.C. Action Party- Jack Peach, Leader; B.C. Federation of Labour- Jim Sinclair Canadian Action Party- Connie Fogal, President; Citizens Concerned About Free Trade- Rosemary Larsson Coalition of Solidarity With Peoples in Struggle- Eduardo Luro Communist Party of Canada- George Gidora Council of Canadians- Elsie Dean C.U.P.E. Judy Darcy, National Leader Defence of Canadian Liberty Committee- Connie Fogal First Nations- Helen Michell and Fran Martin Green Party of BC- Betty Krawczyk, candidate Kensington, Vancouver Mobilization for Global Justice- Garth Mullins Marxist Leninist Party of Canada- Charles Boylan New Democratic Party of Canada- Libby Davies, M.P. Vancouver City Councillor-Tim Louis Vancouver City Councillor- Fred Bass Two very important pronouncements and one announcement were made that day. (1) Inside Court on application by Scott Nelson of Independent Media Centre, the Honourable Mr Justice Tysoe ruled that Independent Media could videotape the proceedings and put an unabridged version on the internet but only if the entire proceedings are posted. See: www.Vancouver.indymedia.org (2) The court announced that the Canadian federal government is posting the official transcript of the proceedings on the internet. See www.dfait-maeci.gc-tna-nac (3) Outside Court M.P. Libby Davies told the crowd that the Federal NDP is calling for the abrogation of NAFTA. The crowd cheered in support. She said, ".... This fight is taking place on several fronts. It is very important we mobilize people in communities, create education and awareness, but not only on this specific Metalclad case but what has taken place with NAFTA and what is now on the agenda with the FTAA. I am here today from the Federal NDP to tell you we are taking that fight on in Parliament. We understand what this disastrous impact has been on the NAFTA. NAFTA must be torn up. It must be thrown away. It is something that is pulling our local municipalities...." Background: Mexico VS Metalclad (The following information was taken from the SCBC court file) Beginning February 19, 2001, in Vancouver, B.C., Canada, the Supreme Court of British Columbia is conducting a review of a NAFTA Tribunal decision in a dispute between the US corporation, Metalclad, and the country of Mexico. Mexico asks a Canadian court to review the Tribunal proceedings and to set aside the award on the grounds that the Tribunal did not properly apply the NAFTA law. On August 30, 2000 in Vancouver BC Canada the NAFTA Tribunal awarded US $16,685,000.00. The reasons given by the Tribunal for ordering the Government of Mexico to pay the money to Metalclad were: 1) A local municipality, Guadalcazar, denied Metalclad a construction permit to establish a hazardous waste treatment facility. There was no timely, orderly or substantive basis for the denial. The denial represented an expropriation of Metalclad’s investment under NAFTA Article 1110. 2) The State government of San Luis Potosi issued an ecological decree in September 1997 declaring that 188,758 hectares within the Real de Guadalcazar, which included the landfill, would be preserved as an ecological preserve. This had the effect of barring forever the operation of the landfill. Hence it was an expropriation of Metalclad’s investment. 3) Mexico failed to ensure a transparent and predictable framework for Metalclad’s business planning and investment and thereby failed to comply with the requirements of Article 1105 that foreign investors be provided "treatment in accordance with international law". This report was prepared by Connie Fogal, Director, Defence of Canadian Liberty Committee and President of the Canadian Action Party. DEFENCE of CANADIAN LIBERTY COMMITTEE/LE COMITÉ de la LIBERTÉ CANADIENNE C/0 CONSTANCE FOGAL LAW OFFICE, #401 -207 West Hastings St., Vancouver, B.C. V6B1H7 Tel: (604)687-0588; fax: (604) 872 -1504 or (604) 688-0550;cellular(604) 202 7334; E-MAIL •••@••.•••; www.canadianliberty.bc.ca "The constitution of Canada does not belong either to Parliament, or to the Legislatures; it belongs to the country and it is there that the citizens of the country will find the protection of the rights to which they are entitled" Supreme Court of Canada A.G. of Nova Scotia and A.G. of Canada, S.C.R. 1951 pp 32 ********************************************************************** From: "Janet M Eaton" <•••@••.•••> Date: Sat, 24 Feb 2001 21:04:34 +0000 Subject: FTAA - Parliamentary vote [ Ignoring Parl. Com. Recommendations? Dear All: It would appear that Recommendation No. 5 of the Parliamentary Hearing Report of the Sub-Committee on International Trade, Trade Disputes and Investment, [ CANADA AND THE MAI ] Chaired by Bill Graham, M.P. , and tabled December 1997 is particularly relevant in regard to both the FTAA and the GATS negotiations. Recommendation No. 5 In future negotiations regarding matters of as widespread importance as the MAI, the Government should undertake an open and transparent process so that public disclosure and consultations can be carried out in a timely manner, to the extent that this is strategically possible. [This recomendation seems all the more pertinent given that aspects of the MAI are subsumed in both the FTAA and the GATS.] Other recommendations that may also be pertinent : Recommendation No. 3 The Government should pursue a process that fully involves the provinces and that will allow sufficient time for the text available at that time to receive the benefit of further parliamentary examination by this Committee prior to the signature of any negotiated agreement. Recommendation No. 4 The Government should consider undertaking a full impact analysis which will note the reason why Canada should take part in the MAI. Where relevant, this will include a discussion of foreseeable economic, environmental, social and cultural effects of the agreement and the obligations imposed by the final terms of the agreement. Recommendation No. 5 In future negotiations regarding matters of as widespread importance as the MAI, the Government should undertake an open and transparent process so that public disclosure and consultations can be carried out in a timely manner, to the extent that this is strategically possible. Recommendation No. 16 In consultation with sub-national levels of government, Canada must achieve an unbound reservation for health, education and social services. This Parliamentary Sub-Committee document is no longer available on the website where it was originally posted: http://www.parl.gc.ca/36/1/parlbus/commbus/house/sint/reports/sintrp0 1 /recom-e.htm However a selection of its recommendations pertaining to sub-national governments is accessible at: http://www.chebucto.ns.ca/CommunitySupport/NCC/MAI2Eff.html#rec This e-mail has been cc'ed to a number of political party representatives. janet m eaton, PhD 89 Main St., Wolfville, N.S. Ph 902) 542-1631 ========================================== ------- Forwarded Message Follows ------- From: •••@••.••• (Mark Dillon) Subject: [MAI-NOT] (Canada) FTAA - Parliamentary vote results Date: 24 Feb 2001 22:15:22 GMT Organization: National Capital Freenet, Ottawa, Ontario, Canada http://www.parl.gc.ca/common/..371parlbuschambushouse/journals/017_2001 -02-20/017votes-E.html Extract from: HOUSE OF COMMONS OF CANADA 37TH PARLIAMENT, 1st SESSION JOURNALS No. 017 Tuesday, February 20, 2001 10:00 a.m. - - - - - - - - - Pursuant to Order made Thursday, February 15, 2001, the House resumed consideration of the motion of Mr. Paquette (Joliette), seconded by Ms. Bourgeois (Terrebonne -- Blainville), -- That this House demand that the government bring any draft agreement on the Free Trade Zone of the Americas before the House so that it may be debated and put to a vote before ratification by the Government of Canada. The House proceeded to the taking of the deferred recorded division on the amendment of Ms. Lalonde (Mercier), seconded by Mr. Sauvageau (Repentigny), -- That the motion be amended by adding after the words ``demand that'' the following: ``, in order to ensure openness,'' The question was put on the amendment and, by unanimous consent, it was deemed negatived on division. Pursuant to Standing Order 81(16), the question was put on the main motion and it was negatived on the following division: (Division--Vote No 9) YEAS-POUR Members--Deputes -- Abbott -- Ablonczy -- Anders -- Anderson -- (Cypress Hills -- Grasslands) -- Asselin -- Bailey -- Bellehumeur -- Bergeron -- Bigras -- Blaikie -- Borotsik -- Bourgeois -- Breitkreuz -- Brien -- Brison -- Burton -- Cadman -- Cardin -- Casey -- Casson -- Chatters -- Clark -- Comartin -- Crete -- Dalphond-Guiral -- Day -- Desrochers -- Doyle -- Dube -- Duceppe -- Duncan -- Elley -- Epp -- Fitzpatrick -- Gagnon -- (Champlain) -- Gagnon -- (Quebec) -- Gallant -- Gauthier -- Girard-Bujold -- Godin -- Goldring -- Grewal -- Grey -- (Edmonton North) -- Guay -- Guimond -- Hearn -- Hill -- (Macleod) -- Hill -- (Prince George -- Peace River) -- Hilstrom -- Hinton -- Jaffer -- Johnston -- Kenney -- (Calgary Southeast) -- Laframboise -- Lalonde -- Lanctot -- Lebel -- Lill -- Loubier -- Lunn -- (Saanich -- Gulf Islands) -- Lunney -- (Nanaimo -- Alberni) -- MacKay -- (Pictou -- Antigonish -- Guysborough) -- Manning -- Marceau -- Mark -- Martin -- (Winnipeg Centre) -- Mayfield -- McDonough -- McNally -- Menard -- Meredith -- Merrifield -- Mills -- (Red Deer) -- Moore -- Nystrom -- Obhrai -- Pallister -- Pankiw -- Paquette -- Penson -- Perron -- Peschisolido -- Picard -- (Drummond) -- Plamondon -- Proctor -- Rajotte -- Reid -- (Lanark -- Carleton) -- Reynolds -- Ritz -- Robinson -- Roy -- Sauvageau -- Schmidt -- Skelton -- Solberg -- Sorenson -- Spencer -- St-Hilaire -- Stinson -- Stoffer -- Strahl -- Thompson -- (New Brunswick Southwest) -- Thompson -- (Wild Rose) -- Toews -- Tremblay -- (Lac-Saint-Jean -- Saguenay) -- Tremblay -- (Rimouski-Neigette-et-la Mitis) -- Vellacott -- Venne -- Wasylycia-Leis -- Wayne -- White -- (North Vancouver) -- Williams -- Yelich -- 113 NAYS-CONTRE Members--Deputes -- Adams -- Alcock -- Allard -- Anderson -- (Victoria) -- Assad -- Augustine -- Bagnell -- Baker -- Beaumier -- Belair -- Bellemare -- Bennett -- Bertrand -- Bevilacqua -- Binet -- Blondin-Andrew -- Bonin -- Bonwick -- Boudria -- Brown -- Bryden -- Bulte -- Caccia -- Calder -- Cannis -- Caplan -- Carignan -- Carroll -- Castonguay -- Catterall -- Cauchon -- Chamberlain -- Charbonneau -- Coderre -- Collenette -- Comuzzi -- Copps -- Cotler -- Cullen -- Cuzner -- DeVillers -- Dhaliwal -- Dion -- Dromisky -- Drouin -- Duhamel -- Duplain -- Easter -- Eggleton -- Eyking -- Farrah -- Finlay -- Folco -- Fontana -- Gagliano -- Gallaway -- Godfrey -- Graham -- Gray -- (Windsor West) -- Grose -- Guarnieri -- Harb -- Harvard -- Harvey -- Hubbard -- Ianno -- Jackson -- Jennings -- Jordan -- Karetak-Lindell -- Keyes -- Knutson -- Laliberte -- LeBlanc -- Lee -- Leung -- Lincoln -- Longfield -- MacAulay -- Macklin -- Mahoney -- Malhi -- Maloney -- Manley -- Marcil -- Marleau -- Martin -- (LaSalle -- Emard) -- Matthews -- McCallum -- McCormick -- McGuire -- McKay -- (Scarborough East) -- McLellan -- McTeague -- Mills -- (Toronto -- Danforth) -- Minna -- Mitchell -- Murphy -- Myers -- Nault -- Neville -- O'Brien -- (Labrador) -- O'Brien -- (London -- Fanshawe) -- O'Reilly -- Owen -- Paradis -- Patry -- Peric -- Peterson -- Pettigrew -- Phinney -- Pickard -- (Chatham -- Kent Essex) -- Pillitteri -- Price -- Proulx -- Provenzano -- Redman -- Reed -- (Halton) -- Richardson -- Robillard -- Saada -- Savoy -- Scherrer -- Scott -- Serre -- Sgro -- Shepherd -- Speller -- St. Denis -- St-Jacques -- St-Julien -- Steckle -- Stewart -- Szabo -- Telegdi -- Thibeault -- (Saint-Lambert) -- Tirabassi -- Tobin -- Tonks -- Torsney -- Ur -- Valeri -- Vanclief -- Wappel -- Whelan -- Wilfert -- Wood -- 147 Paired Members--Deputes Paires -- Bachand -- (Saint-Jean) -- Fry -- Regan -- Rocheleau **************************************************************** You can write to any MP using the following formula: 1st 5 letters of last name + 1st letter of 1st name •••@••.•••. So, Keith Martin would be <•••@••.•••>. The Prime Minister is <•••@••.•••>. For full information on contacting MPs, who is the Opposition critic for which portfolio, etc., use the Govt. of Canada info # at the beginning of the blue pages: 1-800-622-6232. ============================================================================ Richard K Moore Wexford, Ireland Citizens for a Democratic Renaissance email: •••@••.••• website: http://cyberjournal.org A community will evolve only when the people control their means of communication. - Frantz Fanon "Find out just what people will quietly submit to , and you have found out the exact measure of injustice and wrong which will be imposed on them,and these will continue till they are resisted with either words or blows. 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