Canada-Colombia Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Stockwell Day  Conservative

Status

Second reading (House), as of Nov. 17, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Colombia and signed at Lima, Peru on November 21, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Oct. 7, 2009 Failed That the amendment be amended by adding after the word “matter” the following: “, including having heard vocal opposition to the accord from human rights organizations”.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:35 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, essentially that was very disappointing. Given the increased evidence of the regime in Colombia and the continuation of assassinations really warrants a third party independent analysis. It would at least be a basis for engaging in a constructive approach to dealing with this issue and the challenge of giving a privileged trading relationship to a narco-state with such a murderous past and present. That at least would provide us with an opportunity to have a greater indepth discussion.

The Liberal Party has been shifting to the right quite significantly and has mirrored the Conservative Party in so many aspects. It has just simply given in. A delegation went to Colombia for a second time. Perhaps those people were wined and dined. I have no idea. However, they came back without recommending that analysis, which is unfortunate. We need a balanced approach. We could then have a greater indepth debate before giving a privileged trading relationship to Colombia for nothing.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:40 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member also has detailed the fact that the NDP believes in fair trade agreements as opposed to free trade agreements. Would the member give some examples of what he thinks would constitute a fair trade agreement, where proper social, environmental and labour standards built into it so the agreement would be good for both sides?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:40 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, the member has asked an important question with regard to labour and environmental standards, which have been carved out of this agreement and put into side agreements. We have never had a successful challenge under NAFTA on a side agreement. It is important to recognize that because side agreements are seen as offshoots as opposed to being the centre of gravity of an agreement. We need to have balanced environmental and labour standards.

The member for Winnipeg Centre has spoken strongly on the issue of asbestos in Canada. We would not want to degrade our environment or subject our citizens to bad policy just to get an economic advantage over someone else. That is the wrong approach.

We want to operate from a principled point, and that being that all workers deserve the same rights and the same support. That is how a country can enter into a competitive fair system where trade is open and beneficial and the economies of both countries will grow in a responsible way as opposed to what could happen as a result of this agreement.

There could be exploitation as a result of this agreement through substandard mining and other types of practices that could really undermine not only the short-term of the country, because of the damage done to the environment, but also to the long-term of the country could be destroyed for generations.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:40 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I rise again to speak to Bill C-23, the Canada-Colombia Free Trade Agreement Implementation Act.

In 2007, the Conservative government stepped up negotiations with Colombia to conclude a free trade agreement and promote the government's foreign and trade policy in the Americas. Ironically, the Canadian government intensified its talks with the Colombian government at a time when U.S. negotiations with Colombia had just been blocked, as members will recall, because of the many human rights violations in that country and its lack of real labour and environmental measures.

These issues are the reasons why the Bloc Québécois is opposed to this bill. We believe that signing a free trade agreement with this country raises very serious problems, because Colombia has the worst human rights record in the hemisphere. That is not insignificant. These issues are also the reasons why the House of Commons Standing Committee on International Trade, of which I was a member at the time, decided to conduct a comprehensive review of the appropriateness of an agreement with Colombia.

But lo and behold—and I think it is important to remind the members of the House about this—on June 7, 2008, after just five rounds of negotiations, the Conservative government officially announced that a free trade agreement had been concluded with Colombia. The Minister of International Trade confirmed the free trade agreement, even though the Standing Committee on International Trade, which was studying the possibility of such an agreement, had not yet heard all the planned witnesses, produced its report or submitted its final recommendations to the House.

The Conservative government invested thousands of dollars to send the Standing Committee on International Trade to meet with various stakeholders in Colombia. We met with union representatives, members of the government and civil society groups. After meeting with all these people, the committee was supposed to report on this mission and all the consultations. But the agreement was signed before the committee made its report to the House. This is shameful.

Last Saturday, I read an article on the front page of Le Devoir, explaining how the Conservative Party does not respect the work done in this House, or in the various committees. For all intents and purposes, the Prime Minister is the only one to have powers. The ministers do not seem very present, and they do not seem very familiar with their files. So, the Prime Minister and his cabinet simply took it upon themselves to sign this agreement without respecting the parliamentary process, which is about reviewing studies, committee reports and reports presented to the House.

Again, I think that Quebeckers are increasingly aware of the fact that the Conservative Party does not respect the will of the House of Commons, or the rules of Parliament. It simply does as it pleases. It deals with the legislation without any ethics. It does not respect any values. It does not care about the fact that all MPs in this House should have their say regarding an agreement or a bill. In this case, we are talking about the free trade agreement with Colombia.

During our trip, we noticed some serious human rights issues. The murdering of human rights activists, trade unionists and people who are simply seeking a better life is still a reality in Colombia.

It is through force and repression that the Colombian government is implementing its neo-liberal economic model. Over the past 10 years, Colombia has been torn by unprecedented violence. Thousands of people have disappeared and over 2,500 trade unionists have been assassinated, which accounts for 64% of all the unionists killed in the world.

Right now, we have a Conservative government that is prepared to sign a trade agreement with the Uribe government. However, Uribe himself and a number of his parliamentarians are facing court proceedings for activities that are said to be improper, to put it mildly.

The Conservative government and the Liberals know that the situation in Colombia is not ideal. There is poverty and violence. Moreover, services are hard to access. I was shocked and devastated by the scope of population displacements, which is a tragedy in itself. Entire populations are relocated in suburbs of the capital, because mining companies come and settle on the land and just get rid of the populations that live there. These companies take these people's homes and lands, and they send them to live in shantytowns, so that they can begin their mining operations and, ultimately, exploit workers. These companies organize things so that workers cannot protect their rights, their conditions and their quality of life. They are then in a position to exploit these workers even more.

This free trade agreement is unfortunate for Quebec and all of Canada. We are signing with Colombia an agreement that only protects mining companies and that allows them to get rich at the expense of Colombia's workers and environment, by exploiting and displacing thousands of people and sending them to live in shantytowns. The agreement is very helpful in this respect. We must say so, because it is shameful. It is incredible that the government would behave in this fashion.

Our committee prepared a report and made recommendations. Now, even though the Conservative Party did not read that report, the fact remains that the committee did an important job of examining the impact of this agreement.

But the government decided to sign the agreement even before the committee had presented its report. It is with this in mind that the amendment presented today by the Bloc Québécois is worded. The message sent by the government to parliamentarians is: regardless of what you may think and say, we are going to do as we please. The Prime Minister does as he pleases. Worse still, he said the same thing to the large number of witnesses who came to express their views on this agreement.

We cannot support the government's scornful, stubborn attitude. We condemn and refuse to accept its authoritarian approach. Most importantly, we will never accept an agreement with a country that does not respect the basic human rights of its own people.

Despite countless human rights violations, the Canadian government, with Liberal support, wants to sign a free trade agreement with Colombia.

Neither the Conservatives nor the Liberals seem to care about all of the murdered union members. Both the Conservatives and the Liberals seem to be unfazed by failure to respect the environment.

Human rights will be trampled in the interest of promoting free trade. The Bloc Québécois cannot accept that.

Unlike the Conservative Party, the Bloc Québécois is not made up of narrow-minded ideologues. And unlike the Liberal Party, the Bloc Québécois is not opportunistic, nor does it hesitate to defend the values of Quebeckers.

We are against this free trade agreement between Canada and the Republic of Colombia because it is a bad agreement, and I urge all parliamentarians to reject it.

Notice of time allocation motionCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:50 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order.

An agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia.

Therefore under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:50 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I thank my friend for his comments.

On average, approximately three people are killed by landmines every day in Colombia. That is three people every day.

I would like to ask the hon. member first of all whether that is of concern to him and secondly whether the government should be signing a treaty with that country.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:50 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Of course not, Mr. Speaker.

The Bloc Québécois has shown—and the NDP has done a good job too—that there have been too many violations of human and environmental rights in Colombia. The Colombian government is not trustworthy and has been involved in a large number of court cases for failure to respect basic human rights. This issue is very complex.

That is why we cannot support this bill. If Canada signs this agreement with Colombia, we will be forced to hang our head in shame on the world stage because Canada and Quebec supposedly respect human and environmental rights. Or at least some members of this House do. Everyone knows what is going on in Copenhagen. Canada cannot sign this kind of agreement.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:55 p.m.
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Bloc

Robert Vincent Bloc Shefford, QC

Mr. Speaker, I want to thank my colleague from Berthier—Maskinongé for his speech. I understand he was a member of the committee that went to Colombia to study the free trade arrangement between Colombia and Canada.

I would like him to tell me about the frustration he felt when the government ignored every one of the committee’s recommendations. In addition, the government signed the free trade agreement between Canada and Colombia before it had even received the report.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:55 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to thank my colleague from Shefford for his excellent question.

On the first page of the weekend edition of Le Devoir, they say flat out that the Conservative Party has no respect for the rules and processes of Parliament or the work done by committees. The government signed the agreement, but previous to that, it spent money to send some committee members to Colombia to meet people there and improve their understanding of all the effects the agreement would have.

The government ignored the ensuing recommendations and did not even have the time to read the committee’s report. It just signed the agreement with Colombia. There was a lack of transparency here and a lack of respect for the democratic rules of Canada and Quebeckers.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:55 p.m.
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Bloc

France Bonsant Bloc Compton—Stanstead, QC

Mr. Speaker, I would like to know what my colleague thinks of this Reform government, which is in favour of law and order for everything that moves but is currently negotiating an agreement under Bill C-23 with narco-politicians, even though that is totally contrary to its ideology.

Second ReadingCanada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 1:55 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, my colleague asks a very good question.

This really is amazing. As she said, several members of the Uribe government are facing charges related to drug trafficking. They also have ties to the paramilitaries and have been linked to the assassination of some union leaders. They connive with particular mining companies and in the displacement of large civilian populations into ghettos and shantytowns so that the mining companies can take over. It is a disgrace.

What kind of a government is this? It is as if the Conservatives said they wanted to do business with a motorcycle gang or a group involved in illegal activities. That is what the agreement is all about. They are signing a free trade agreement with people who show no respect for democratic rules, human rights and the environment in the pursuit of their economic interests.

This bill only encourages our Canadian companies to do the same in Colombia. We are told the agreement will make Colombians wealthier. But when we went into the field in Colombia, all the members of civil society, all the government members and the companies told us not to sign the agreement because it would not help them at all.

Of course the Bloc Québécois will vote against this agreement.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 3:15 p.m.
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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I am very glad to join other members of my caucus and our party's trade critic, the member for Burnaby—New Westminster, in voicing my strong opposition to Bill C-23.

It would be extremely irresponsible for the government to push for the passage of this free trade agreement with Colombia, a country with the worst human rights record by far in the western hemisphere and that is one of the most dangerous countries in the world for trade unionists.

The Conservatives' claim that trade will bring human rights improvements to Colombia is entirely contradicted not just by the facts I will raise in my address today, but also by the text of the agreement.

The full respect of fundamental human rights must be a precondition for any trade agreement. Before going into the facts of the argument, let us first trace the government actions that have led us to where we are today.

On November 21, 2008 Canada signed a free trade agreement and related side agreements with Colombia, the result of a year and a half of trade negotiations. The bill would legislate the implementation of the Canada-Colombia free trade agreement, also known as the CCFTA.

The agreement consists of three parts: the main FTA text, a labour side agreement and an environmental protection side agreement.

It is nearly identical to Bill C-24, the implementation legislation for the Canada-Peru free trade agreement.

In June of this year, the New Democrats, with the support of the Bloc members, and joined by the trade union movement and civil society, successfully prevented Bill C-23 from completing second reading.

At that time, New Democrats presented a subamendment to the Bloc motion on Bill C-23, asking that the House decline to give second reading to Bill C-23 because the government had concluded the Canada-Colombia FTA while the committee was still considering the matter.

Over the course of the debate on Bill C-23, our caucus critic has continued to work tirelessly with a large network of civil society groups, trade unions, lawyers, environmental groups, parliamentarians, members of the Colombian congress and concerned citizens to raise awareness and, ultimately, to stop this agreement.

In 2008 the critic travelled to Colombia with the standing committee to meet directly with stakeholders and opponents of this deal.

Various motions have been presented at committee to study the issue in depth and to stop this flawed deal. Petitions have been, and are being, circulated. To date our caucus has received almost 3,000 signatures from Canadians all across Canada who do not support the government's desire to put this agreement into action.

Now that we have looked at how we got here, let us go over the main flaws in the agreement and some facts about the current situation in Colombia.

The most appalling aspects of the Canada-Colombia free trade agreement are the following.

First and foremost, this agreement fails due to its lack of labour rights protection. Colombia is one of the most dangerous countries in the world for trade unionists. They are regularly victims of violence, intimidation and assassination by paramilitary groups. In fact, 2,690 trade unionists have been murdered in Colombia since 1986.

In 2008, the number of murders went up by 18% over the previous year. What is even more alarming, as we discuss this agreement, is that since September of this year, 27 trade unionists have been murdered.

Some important facts about the Colombian government of President Alvaro Uribe are as follows. Uribe's government has been accused by international human rights organizations of corruption, electoral fraud, complicity in extrajudicial killings by the army, links to paramilitary and right wing death squads; and of using the security forces to spy on the supreme court of Colombia, opposition politicians, government politicians and journalists.

Many government members, including ministers and members of the president's family, have been forced to resign or have been arrested in relation to many of these issues.

With this type of reality in Colombia, it is clear that the agreement, in its current form, does not include strong enough labour standards. The division of labour provisions in the main text of the agreement, in addition to not having any substantial enforcement mechanism, will do nothing to encourage Colombia to improve its horrendous human rights situation for workers.

In fact, in its current form, the agreement could justify the use of violence in many cases. For example, in the agreement, the penalty for non-compliance is currently determined by a review panel, one that has the power to require the offending country to pay up to $15 million annually into a cooperation fund. Unfortunately, this type of enforcement measure will do little to encourage the government to change its current approach to trade unionists. If and when a trade unionist is killed, under this provision, all the government is required to do is to pay into a development fund, capped at $15 million per year, essentially equating the murder of a trade unionist to paying a fine. That is shameful.

The second way in which this agreement fails is in its lack of environmental protection. Environmental issues are addressed in a side agreement, this time with no enforcement mechanism to force Canada or Colombia to respect environmental rights.

Here is a fact. Nearly 200,000 hectares of natural forest in Colombia are lost every year due to agriculture, logging, mining, energy development and construction. Another fact is that almost 4 million people in Colombia are internally displaced persons, 60% of whom have come from regions where there is a rich supply of minerals, agriculture and economic resources. In these areas, private companies and their government and paramilitary supporters have come in and forced individuals and local communities from their homes.

The side agreement process has serious flaws. In the past we have witnessed how these side agreements are unenforceable. For example, in the case of NAFTA, not a single successful suit has been brought forward under the labour side agreement.

The third major flaw in this agreement is found in the investor chapter. Copied from NAFTA's chapter 11 on investor rights, the CCFTA provides powerful rights to private companies. The provisions in this chapter give private companies the ability to sue governments, as is enforceable through investor state arbitration panels. The arbitration system set up by the investor chapter gives foreign companies the ability to challenge legitimate Canadian environmental, labour and social protections. This is not a standard that we accept.

The fourth most shameful aspect of this agreement relates to agricultural tariffs. Colombia's poverty is directly linked to agricultural development. In fact, 22% of Colombia's employment is in the agricultural sector. An end to tariffs on Canadian cereals, pork and beef will result in the flooding of the local market with cheaper products. This would ultimately lead to thousands of lost jobs and to more poverty.

In conclusion, Canada needs to set the example. It would be highly irresponsible to turn a blind eye to the Colombian situation. We cannot allow Canada to abandon its values and its support for internationally recognized human rights to gain economic advantage for our companies at the expense of millions of displaced and impoverished Colombians.

Let us remember Jorge Darío Hoyos Franco, the prominent union leader who was gunned down near his home in southeast Bogota on March 3, 2001, a year before President Uribe was elected to his first of two terms in power. In the words of his daughter, Yessika Morales, "You cannot give a reward before he”, meaning President Uribe, “fulfills his duty of improving human rights. This is like a father continuing to reward a child when he misbehaves, so that child will never change his conduct”.

I call on all parliamentarians to join me and my caucus in our strong opposition to Bill C-23.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 3:25 p.m.
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Cypress Hills—Grasslands Saskatchewan

Conservative

David Anderson ConservativeParliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board

Mr. Speaker, did I just hear the member say that one of the main reasons the NDP is opposing this is that it will give opportunities to Canadian farmers to access markets in Colombia? He just said that a couple of minutes ago.

I stopped what I was doing, because I think this explains why the NDP has so far removed itself from its grassroots. At one time it used to be a rural party representing rural areas and said that it represented farmers. Now we understand why it does not get support across the rural areas of this country.

He stood up and actually said that the NDP was opposing this bill because it would allow Canadian products to go into Colombia's markets as a result of the tariffs and barriers coming down. Does he not understand even the basics of free trade, that those Colombian farmers would have opportunities to come into our markets as well?

It is hard to believe that the day has come when the NDP is actively opposing Canadian farmers in the interests of its ideology.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 3:25 p.m.
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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, unfortunately, the member does not want to bring up any of the bad things about this bill. We can look past the 2,690 trade unionists who were actually murdered in that country. We can look past the poverty and the environmental damage. They do not matter.

We could create a few jobs, but the unfortunate thing with this bill is that it does not do anything for fair trade, and that is what the New Democrats are talking about: fair trade, not free trade.