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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
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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
****************************************************************
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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.
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Wexford, Ireland
Citizens for a Democratic Renaissance
email: •••@••.•••
website: http://cyberjournal.org
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have found out the exact measure of injustice and wrong
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they are resisted with either words or blows. The limits of
tyrants are prescribed by the endurance of those whom they
oppress."
-Frederick Douglass
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