International Trade committee  To be honest, we haven't really thought through a review of that kind. From our perspective there's not a lot in there that we might review in the positive sense of whether, for example, the agreement is bringing down emissions across the region. What I'm saying is that there aren't those kinds of review mechanisms that we would necessarily have thought through.

International Trade committee  I don't have a huge amount to say on it other than it would be nice to make use of that period. It's six years away. We might actually get a period sooner, depending on how the election goes in the United States. As you've heard, we might be back negotiating in a few months. I think it would do well for us to take whatever opportunities we have, when it comes time to look at the agreement again, to see what's working and what's not working.

International Trade committee  In one sense, yes, there's a lot of room in CUSMA for Canada to change how it regulates. The good regulatory practices chapter is meant to enshrine a very specific kind of pro-commerce way of regulating that does push the precautionary principle quite far down the list in terms of priorities.

International Trade committee  One thing that the CCPA and others have advocated for in the alternative federal budget for the past few years is that we need to rethink our trade policy, in general, for this era of climate emergency and growing inequality. We need to rebalance how these agreements work. Parliament has a role to play in that, and Parliament should have a stronger role in determining our objectives when we pursue a trade deal with Mercosur, or with China, or elsewhere.

International Trade committee  Thank you very much for your question. I will answer it in English. Yes, I really do agree with the minister that this should be precedent setting. Say what you will about whether the rule of law is as strong in other countries as it is in Canada, the fact is that Canadian companies have abused this system—like they did in Canada—to challenge completely legitimate environmental and resource management decisions.

International Trade committee  Yes.

International Trade committee  That's right, and I apologize if I implied we would negotiate. No, this would be something Canada could establish on its own. It could be made available, for example, to citizens from any country, possibly from Mexico and the United States, to bring cases. That's in the event that, for example, a similar process isn't established in the United States and Mexico.

International Trade committee  Exactly.

International Trade committee  The idea we're thinking through—and I just mentioned it briefly in my presentation—would be to have some kind of prima facie means by which labour unions, individuals or community groups could bring forward a challenge related to the labour protections and have it decided in an independent way.

International Trade committee  If I understand the question, do you mean is it going to be more bad for Canadian business than for the United States if we don't have the ISDS?

International Trade committee  The record is pretty bad for Canadian companies using ISDS to challenge U.S. policies. They've never won a case. I think that probably says something about how it works going up against a country as powerful as the United States. There are many opportunities, many means that Canadian companies have to assert their rights under U.S. law, their rights to do business in the United States, which are extensive.

International Trade committee  Thanks very much to the committee on behalf of the CCPA for the opportunity to present here on the CUSMA ratification legislation. The CCPA is Canada's longest-standing independent research institute. In fact, we're celebrating our 40th anniversary this year. From our earliest days, the CCPA has rooted its policy recommendations in values of social justice and environmental sustainability.