Toronto Star

NAFTA’s Chapter 11 cost Canada $314 million

Centre for Policy Alternativ­es says negotiator­s should allow U.S. to water down chapter

- DAN HEALING THE CANADIAN PRESS

A progressiv­e group says it’s baffled that the Canadian government has worked at the NAFTA negotiatin­g table to protect a dispute resolution system that allows companies to sue government­s, estimating it has cost Canadian taxpayers $314 million.

The Canadian Centre for Policy Alternativ­es (CCPA) says in a report to be published Tuesday that Chapter11 provisions in the North American Free Trade Agreement have cost Canada $95 million in unrecovera­ble legal fees, calculated based on data it obtained through an access to informatio­n request.

The report comes ahead of the latest round of NAFTA renegotiat­ions, slated to kick off in Montreal on Tuesday. The U.S. wants to water down the enforcemen­t mechanism for Chapter 11 by making dispute resolution panels non-binding or voluntary.

The CCPA says Canadian losses through that system amount to $314 million when the legal fees are added to $219 million in awards and settlement­s under Chapter 11, also known as the investor-state dispute settlement (ISDS) system, since the trade treaty was enacted in 1994.

“The current renegotiat­ion opens the door to get rid of, or at least neutralize, the investor-state dispute settlement mechanism in NAFTA and I certainly think Canada should grasp the opportunit­y,” said Scott Sinclair, a senior research fellow with the CCPA.

“I do think negotiator­s and the government are weighing their options . . . because the U.S. administra­tion wants to make ISDS optional. While a lot of the Trump administra­tion’s proposals in the NAFTA talks are harmful to Canadian interests, this one is beneficial.”

Chapter 11 was designed to give investors confidence when they do business in another country by providing an impartial tribunal to settle disputes with the government over discrimina­tory treatment. The Trump administra­tion says this chapter encourages job outsourcin­g to Mexico and wants to make participat­ion voluntary.

Foreign Affairs Minister Chrystia Freeland said last week Canada will bring some new, “creative” ideas to the sixth round of NAFTA negotiatio­ns in Montreal next week, in response to some of the “more unconventi­onal” U.S. proposals.

While Canada continues to hope for the best from the NAFTA renegotiat­ion, Freeland says it is also preparing for the worst-case scenario — a possible decision by Trump to withdraw from the pact.

 ?? SEAN KILPATRICK/THE CANADIAN PRESS FILE PHOTO ?? Minister of Foreign Affairs Chrystia Freeland said last week Canada will bring some new, “creative” ideas to the sixth round of NAFTA negotiatio­ns.
SEAN KILPATRICK/THE CANADIAN PRESS FILE PHOTO Minister of Foreign Affairs Chrystia Freeland said last week Canada will bring some new, “creative” ideas to the sixth round of NAFTA negotiatio­ns.

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