Stop FIPA
Update: October 29
Last month, out of the blue, the Harper Conservatives ratified the secretive and extreme Canada-China FIPA, a move that threatens to lock our democracy into a binding investors’ deal for at least 31 years.
The Leadnow community has been working together to fight this terrible deal since we first heard about it over two years ago – by emailing our MPs, running radio, print, and billboard ads, making phone calls, and supporting First Nations in using their constitutionally protected rights to challenge the deal in court.
We were outraged when we heard Harper had passed FIPA on a Friday afternoon when he hoped few people would be paying attention. Since then we’ve been determined to make sure Canadians heard the truth about this deal. And, thanks to the dedication and generosity of this amazing Leadnow community, we’re doing just that.
Thanks to the thousands of you who donated over $70,000 to our campaign fund we produced a new, hard-hitting radio ad and booked it to play hundreds of times, including directly on popular conservative talk-radio shows. We also designed a print ad to reach key voters in swing ridings, and we’re rolling it out.[1]
Together, we’re holding the Harper Conservatives accountable for their actions in the places where it matters most – in key swing ridings across the country.
But these ads are the just the beginning of the work we can do in swing ridings. Over the coming weeks we’re going to be launching a people-powered election campaign to hold the Conservatives accountable at the ballot box during the next election. Together, we’ll show them that politicians will pay a steep political price for undermining our democracy.
At the same time, the Hupacasath First Nation are still standing up for all of us. They are using their constitutionally-protected legal rights to challenge this deal in court. The court case is still in progress, and the court has not yet released its decision on the Hupacasath’s appeal.
By ratifying FIPA before the court could make a decision, the Harper Conservatives have shown extraordinary disrespect for the rights of both First Nations and the judicial branch of our government.
In response, the Hupacasath First Nation has now put China on notice, making it clear that FIPA was ratified without their prior informed consent, and is not accepted on their territory. The Hupacasath are inviting First Nations and municipalities across Canada to do the same, and already the Saddle Lake Cree Nation have joined them.[2-4]
The Hupacasath are pointing the way – we simply cannot accept any deal that allows corporations to sue our governments in secretive courts outside Canadian law.
[1] Our hard-hitting radio ad is currently playing on major stations in Edmonton, Calgary, Winnipeg, London, Hamilton, the Greater Toronto area, and Ottawa, as well as rural AM stations covering large parts of Saskatchewan and Manitoba, and syndicated conservative talk radio. The print ads will run over the next few weeks targeted in swing ridings from Courtenay-Comox BC, to Winnipeg, Saskatoon, Kitchener-Waterloo and the Yukon.
[2] Hupacasath First Nation Letter to China
https://www.scribd.com/doc/244667093/Hupacasath-First-Nation-FIPA-Letter-to-China
[3] Hupacasath First Nation Press Release
https://www.scribd.com/doc/244667092/Hupacasath-First-Nation-FIPA-Letter-to-China-Press-Release
[4] Saddle Lake Cree Nation Letter to China
https://www.scribd.com/doc/244667091/Saddle-Lake-Cree-Nation-FIPA-Letter-to-China
Update: September 12
Today, out of the blue, the Harper Conservatives ratified the China-Canada FIPA deal, a move that threatens to lock our democracy into a binding investors’ deal for at least 31 years.
By dumping the news on a Friday afternoon, he showed us that he knows this decision is politically toxic – FIPA is deeply unpopular with people across the country, including his own MPs, Conservative donors, and the swing voters he needs in the 2015 election.
While we work with partners to review the legal options, we want to make sure key voters know the Harper Conservatives ratified FIPA behind our backs, and set the stage to make them pay at the ballot box in the next election. Canadians deserve to know, and if Harper won’t tell them, we will.
We don’t yet know what this decision means for the Hupacasath First Nation’s legal case. The Hupacasath have been using their constitutionally protected legal rights to challenge this deal in court. The court case is still in progress, and the court has not yet released its decision on the Hupacasath’s appeal.[2] By ratifying FIPA today, the Harper Conservatives have shown extraordinary disrespect for the rights of First Nations in Canada, and for the judicial branch of our government.
A huge thanks to everyone in the Leadnow community who picked up the phones this morning to call MPs and cabinet members. Hundreds of you sprung into action, rang their phones off the hooks, and filled up their voicemail boxes. Now, let’s channel our energy into making sure Canadians hear about this terrible decision. If you can donate, please do, as every dollar helps. If you can’t, please help by passing the donation link on.
Update: June 2014
Thanks to the hard work of the Hupacasath First Nation, and the incredible support you have provided to them, this trade deal has been delayed for close to two years through an initial court challenge in 2013 and an appeal in May of 2014.
We expect the decision on the appeal will be made in the next few months, and we’ll keep you posted with any news. Together, we’ve held up a flagship piece of Harper’s agenda with deeply disturbing implications for our ability to have democratic control over our resources, our economy and our future. No matter what the court decides, we can still stop this investor deal by cranking up the pressure on Conservative MPs. People across the country are actively organizing against this deal. You can do the same by downloading our organizing kit and getting in touch with our organizers at [email protected]
At any moment, Prime Minister Harper could pass the most significant international investors’ deal of a generation.
Most Canadians have never heard of FIPA, the Canada-China Foreign Investment Protection Agreement, because Prime Minister Harper tried to sneak it through without a single vote or debate in Parliament. 1 2
This deal would allow China’s massive companies to sue Canadian governments in secret tribunals if we make decisions that put Canadian interests ahead of their corporate profits – restricting Canadians from making democratic decisions about our economy, environment and energy. 3
It gets worse: If Prime Minister Harper approves this international investors’ deal it would bind us for at least 31 years.
The Canada-China FIPA could be approved any day now unless we work together to stop it. If enough of us raise our voices now, we can create a massive public outcry to stop this devastating deal in its tracks.
Send your message now to Prime Minister Harper, your MP, and opposition leaders: Stop the Canada-China FIPA!
If FIPA passes, China’s companies can take over Canadian resources and then sue Canadian governments in secret, if the government does anything that threatens the company’s profits
The secretive tribunals operate outside Canada’s legal system – and they already have a track record of systematically ruling against the interests of Canadians. 4 Under this system, Canada has already been sued more than any industrialized country in the world. 5 6
FIPA would give unaccountable arbitrators the power to award billions in damages to foreign corporations, creating a chilling effect and making it far less likely that our governments would be willing to pass improved environmental standards or slow down the export of cheap, unprocessed resources. 7 8 9
Canadians, including many Conservative MPs, overwhelmingly oppose this reckless deal. Let’s build a massive public outcry now, and make sure our federal and provincial leaders do everything in their power to stop FIPA for good. We need to start over with a national conversation that brings Canadians together at all levels to make responsible choices about the wisest long-term stewardship of our natural resources.
Background
In fall 2012, Prime Minister Harper quietly announced that he wanted to pass the biggest international investors’ deal in a generation, without a single vote in Parliament. Together, the Leadnow.ca community raised the alarm about the danger of FIPA’s secret investor-state courts. We united hundreds of thousands of Canadians, making national news, and divided Harper’s caucus forcing him to pause and think twice about ratifying this secretive and binding investor deal.
How do the secret tribunals in FIPA undermine our democracy?
Investor-state lawsuits undermine our democratic control. Right now, an American company called Lone Pine Resources is using a similar measure in NAFTA to sue Canada for $250 million dollars. Why? They are suing because Quebec placed a temporary hold on gas fracking to study the controversial practice’s impacts on health and environment. 10
Similarly, if BC tries to regulate or block Enbridge’s Northern Gateway Pipeline, Sinopec, another of China’s state-owned oil company with investments in Canada’s natural resource infrastructure, may be able to sue for damages, and we may never even hear about the case or the details of the results. 11 12
What are other countries doing?
Other countries like India, South Africa and Australia are moving away from this kind of investment deal. Last year Australia rejected investor-state arbitration due to concerns that it would “constrain the ability of Australian governments to make laws on social, environmental and economic matters”. 13 14
Can our provinces and territories stand up against FIPA?
We live in a democratic federation, and our provinces should have to consent to any major federal decision that would undermine their authority. Our provinces and territories can defend their constitutional powers from FIPA. 15 16 If our premiers and provincial leaders act now to defend our rights, they can help stop Harper from locking us into FIPA for 31 years.
Has there ever been broad provincial consultation on an investment deal like FIPA?
Yes, our provinces have defended our rights before. In the 1990s, the B.C. government played a leadership role in the successful fight against the Multilateral Agreement on Investment (MAI). The B.C. government established a special committee to examine, inquire into and make recommendations respecting all aspects of the MAI. The committee considered key issues – implications of the agreement for Canada and British Columbia, how to represent the interests of British Columbians with respect to the agreement, and the most effective means of increasing British Columbians’ awareness and knowledge of the issues arising out of the agreement. It held 8 days of expert witness hearings, followed by public hearings in 8 cities. An educational video was produced and shown through various television outlets, and released to other media.
The committee recommended that:
“When negotiating the MAI or any future investment treaty, the federal government must ensure that the agreement does not apply to matters within provincial jurisdiction, including local government measures, without the express consent of the Legislative Assembly of British Columbia … If the federal government fails to provide for such consent, then the provincial government should explore all means, including legal action, to defend vigorously its own jurisdictional rights and those of local governments to represent the interests of British Columbians.” 17
How are First Nations helping to lead the fight against FIPA?
Under Canada’s constitution, the Government of Canada has a duty to consult First Nations before entering into any deal that affects their Aboriginal Title, Rights, and Treaty Rights.
The BC Union of Indian Chiefs has written an open letter to Prime Minister Harper condemning the Canada-China FIPA. They begin their letter: “On behalf the Union of BC Indian Chiefs, we are writing to firmly express, advise and direct the Government of Canada to reject the Foreign Investment Promotion and Protection Agreement with China as the Government of Canada has breached its fiduciary duty to consult First Nations on our respective constitutionally-enshrined and judicially-recognized Aboriginal Title, Rights and Treaty Rights.” 18
The Chiefs of Ontario have also written to both Prime Minister Harper and China’s Ambassador to Canada advising that the Canada-China FIPA investment deal violates First Nation Treaty rights and international law, and should be postponed indefinitely, pending nation-to-nation discussions between Canada and First Nations. 19 20
The Hupacasath First Nation have even taken the Federal Government to court over FIPA, supported by over $380,000 crowd-funded by the Leadnow community and allies. By challenging FIPA in court, the Hupacasath First Nation are buying time that we can use to rally Canadians to stop this bad deal for good, and we are deeply grateful for their leadership on behalf of all Canadians. 21 For more information about the legal challenge, and to donate to support it, see http://www.leadnow.ca/fipa-legal
Notes:
- Tories quietly table Canada-China investment treaty (Globe and Mail)
http://www.theglobeandmail.com/news/politics/tories-quietly-table-canada-china-investment-treaty/article4573635/ - Battle over CNOOC’s proposed Nexen Takeover Heats Up In Ottawa (Financial Post)
http://business.financialpost.com/2012/09/17/battle-over-cnoocs-proposed-nexen-takeover-heats-up-in-ottawa/ - Canada-China Investment Deal Allows for Confidential Lawsuits Against Canada (Toronto Star)
http://www.thestar.com/opinion/editorialopinion/article/1264290–canada-china-investment-deal-allows-for-confidential-lawsuits-against-canada - Chinese Companies Can Sue BC for Changing Course on Northern Gateway, says Policy Expert
http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert - Chairman Harper and the Chinese Sell-Out (The Tyee)
http://thetyee.ca/Opinion/2012/10/11/Chairman-Harper/print.html - Trading our way to more jobs and prosperity (Government of Australia)
http://www.dfat.gov.au/publications/trade/trading-our-way-to-more-jobs-and-prosperity.html#investor-state - Tories quietly table Canada-China investment treaty (Globe and Mail)
http://www.theglobeandmail.com/news/politics/tories-quietly-table-canada-china-investment-treaty/article4573635/ - Chinese Companies Can Sue BC for Changing Course on Northern Gateway, says Policy Expert
http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert - Chairman Harper and the Chinese Sell-Out (The Tyee)
http://thetyee.ca/Opinion/2012/10/11/Chairman-Harper/print.html - Multiple Countries Rejecting Investor State Dispute Settlement (Janet M Eaton, PhD)
http://www.sierraclub.ca/en/main-page/multiple-countries-rejecting-investor-state-dispute-settlement - Chinese Companies Can Sue BC for Changing Course on Northern Gateway, says Policy Expert
http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert - Chairman Harper and the Chinese Sell-Out (The Tyee)
http://thetyee.ca/Opinion/2012/10/11/Chairman-Harper/print.html - Trading our way to more jobs and prosperity (Government of Australia)
http://www.dfat.gov.au/publications/trade/trading-our-way-to-more-jobs-and-prosperity.html#investor-state - Multiple Countries Rejecting Investor State Dispute Settlement (Janet M Eaton, PhD)
http://www.sierraclub.ca/en/main-page/multiple-countries-rejecting-investor-state-dispute-settlement - Tories quietly table Canada-China investment treaty (Globe and Mail)
http://www.theglobeandmail.com/news/politics/tories-quietly-table-canada-china-investment-treaty/article4573635/ - Battle over CNOOC’s proposed Nexen Takeover Heats Up In Ottawa (Financial Post)
http://business.financialpost.com/2012/09/17/battle-over-cnoocs-proposed-nexen-takeover-heats-up-in-ottawa/ - Open Letter: Canada – China Agreement Abrogates Rights of Indigenous People (Union of BC Indian Chiefs)
http://www.ubcic.bc.ca/News_Releases/UBCICNews10311201.html - Open Letter: Canada – China Agreement Abrogates Rights of Indigenous People (Union of BC Indian Chiefs)
http://www.ubcic.bc.ca/News_Releases/UBCICNews10311201.html - China Canada FIPA – Chiefs of Ontario Letter to PM Harper
http://www.scribd.com/doc/112459570/ - China Canada FIPA – Chiefs of Ontario Letter to China’s Ambassador
http://www.scribd.com/doc/112459565/ - Ottawa extends it review of CNOOC’s nexen bid (The Globe and Mail)
http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/ottawa-extends-its-review-of-cnoocs-nexen-bid/article4604093/
Thank you for taking action!
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