Bill C-23 (Historical)

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 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.

Canada-Colombia Free Trade Agreement Implementation Act

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am pleased to have this opportunity to participate in the debate on Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, and the two side agreements to that trade agreement: the side agreement on environment and the side agreement on labour co-operation. We know this as the Canada-Colombia free trade implementation act.

I think it has been said many times in this corner of the House that there is absolutely no way New Democrats can stand by and allow this kind of arrangement between Canada and Colombia to go ahead. This is a despicable international agreement to be proceeding with at this time, given the excesses of the government in Colombia.

We do not need to go any further than to look at the record of the Government of Colombia when it comes to trade unionism. The number of trade unionists who have died in Colombia in recent years is in the thousands. Even in this very year, 2009, so far we know that about 27 trade union activists have been murdered in Colombia. That is an incredible record of oppression and violence.

As we are debating strengthening our ties with Colombia and opening more opportunities for doing business with Colombia, I wonder how we can explain that to the families of people like Adolfo Tique, who was murdered in January, or more recently, Mauricio Antonio Monsalve Vásquez, who was murdered just last month in Colombia. What do we say to their families, as Canadians, when we are proposing to enter into this kind of agreement, establishing this kind of relationship with the Republic of Colombia when these kinds of excesses are being perpetrated against workers, families, the people of Colombia?

I do not think there is any way we can possibly justify proceeding with this kind of agreement with Colombia at this time.

There are some very serious problems with this legislation. I have already mentioned the failure on labour rights protection. It is without a doubt that Colombia is one of the most dangerous countries on the planet for trade unionists. They are victims of violence, intimidation and assassination by paramilitary groups, some of which are said to have links to the Colombian president himself.

There are no tough labour standards in this agreement. The labour agreement is a side agreement to the main trade agreement. We know that these side agreements are the least effective parts of such international agreements.

There is nothing in this trade agreement that would enforce human rights protection for trade unionists, for instance, in Colombia. In fact there is a penalty clause, which amounts to the ability for Colombia to actually pay for ongoing human rights violations. There is nothing that says Colombia has to stop the violations; it can pay a fine and those violations can continue. It is not a particularly effective mechanism for improving the human rights situation in the country.

There is also a side agreement on the environment that is related to this. Again, side agreements are lesser agreements. They are not effective. They have been proven ineffective. There is no serious enforcement mechanism that would force either Canada or Colombia to respect environmental rights. Some people have called this a smokescreen in the agreement, that it is not a serious part of what was undertaken in terms of the development of this accord between Colombia and Canada. It is something that leaves an awful lot to be desired before we would enter into this kind of agreement.

This agreement also includes the same investor chapter we have seen in NAFTA's chapter 11, investor rights, which gives powerful rights to private companies to sue governments. The private companies' interests are enforceable through investor state arbitration panels. We have seen this used to override the democratic interests of Canadians, for instance, when it comes to enforcing our democratic interests in our agreements in trading relationships with the United States. Now we are proposing to enter into a similar kind of agreement with Colombia, with all the extra problems an agreement with that particular country involves.

There is also a serious problem with agricultural tariffs in this bill as well. We know that Colombia has severe poverty and that poverty is directly linked to the agricultural development sector in Colombia.

If tariffs are removed, what will that do to the Canadian agricultural sector, especially to cereals, pork and beef? I—

[The Acting Speaker, Barry Devolin]

Order. I must interrupt. The member for Burnaby—Douglas will have five minutes remaining when the House returns to this matter.

The House resumed from September 28 consideration of the motion that 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, be read the second time and referred to a committee, of the amendment and of the amendment to the amendment.

[The Acting Speaker, Denise Savoie]

The hon. member for Burnaby—Douglas has five minutes left in debate.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Madam Speaker, who will we be dealing with when we sign the Canada-Colombia free trade agreement? The government of Colombian President Uribe has been accused by international rights organizations of a long list of corruption, electoral fraud, complicity in extrajudicial killings by the army, links to paramilitary and right-wing death squads and using security forces to spy on the supreme court of Colombia, the opposition parties, government politicians and journalists. In fact, many government members, including ministers and members of Uribe's own family, have been forced to resign or been arrested.

It is also worth noting the statistics on violence directed against trade unionists. They show that 2,690 trade unionists were murdered in Colombia since 1986. In 2008 the number was up 18% over the previous year, so the situation is not getting any better. So far this year, 27 trade unionists have been murdered. Over the last 10 years, 60% of all the trade unionists murdered around the world have been murdered in Colombia. It is a horrific record.

Nearly four million people in Colombia are internally displaced persons, with 60% of them coming from areas of economic importance, regions where mining and agriculture are the key activities of that area. Private companies and their government and paramilitary supporters have forced these people from their homes. There is a huge conspiracy against the working people of Colombia, especially in the areas of great economic development.

The links between multinational corporate activity in Colombia and paramilitary terror have been well documented. Multinational corporations pay off paramilitaries to allow them access to resources and land. In fact, 43 companies have been accused of having ties with paramilitary groups and the forced displacement of communities and assassinations of trade unionists.

Clearly, this is not a record that anyone in the House could be proud of, yet we are negotiating a deal with the people who allow this to happen in their own country.

What is the attitude of other countries toward Colombia? It is important to note that the United Kingdom has ended military aid to Colombia because of the systemic crimes committed against the Colombian people. In the United States, which on the opposite side of the House there often seems to be some indication to take a cue from there, the American Congress put on hold a U.S. Colombia free trade agreement last year. President Obama has said that he will not pursue the agreement because of the human rights abuses in Colombia. It is very significant that we look to two important allies of our countries and their stance around Colombia.

In 2008 the House of Commons Standing Committee on International Trade recommended that no agreement be signed with Colombia until the human rights situation there showed improvement. I would think that is at a minimum. It also recommended that a human rights impact assessment be undertaken to determine the real impact of this trade agreement. The committee recommended that this be “an impartial human rights assessment carried out by a competent body which is subject to independent levels of scrutiny and validation”. This recommendation and the committee's report have been ignored by the government.

Over 50 prominent Canadians have signed a letter to the Leader of the Opposition, urging the Liberal Party to ensure that the concerns around human rights in Colombia are addressed before this agreement is endorsed and finalized. They also point out the work of the House of Commons Standing Committee on International Trade in this regard. It is clear that human rights need to be taken into consideration.

There is nothing in the Canada-Colombia free trade agreement that will improve the situation in Colombia. There is nothing in the agreement that will lead to the end of violence against trade unionists. There is nothing that will improve the lives of ordinary Colombians. There is nothing that will agree adherence to environmental standards. This is not an agreement about fair trade.

The Canadian Labour Congress has opposed this agreement. It said:

We oppose the creation of any situation where Canadian investors, exporters, and importers stand to benefit from the lack of freedom experienced by the most vulnerable populations in Colombia....

The Canada-Colombia Free Trade Agreement was not written to protect labour and human rights. It is more than a “trade” agreement. It is a trade and investment agreement underpinned by tacit Canadian support for a security agenda that defends the extractive industries, the drug cartels, and the internal security forces of Colombia.

We have to say “no” to this agreement.

[Wayne Easter, Liberal, Malpeque, PE]

Madam Speaker, I am pleased to speak to Bill C-23, the Canada-Colombia free trade agreement.

There has been a considerable amount of debate in the House, with arguments from all sides and, in fairness, reasonable arguments from those in support and also from those opposed. Debate has certainly been held in this place and that debate is on the record.

The official opposition believes that the time has come to move this debate and this discussion to committee so citizens can have their say and express their opinions and concerns directly. Those who have concerns, whether they are over human rights or trade issues, and those who strongly favour the trade agreement, as those in the farm sector do, would be able to express directly what they see as opportunities.

Let me be very clear. Bill C-23 should be moved to committee and it should hold hearings across the country and hear from people. The committee should do one of two things in terms of the Colombia argument: first, either travel to Colombia and hear from people directly on what they see as opportunities and what they see as concerns; or, at the very least, invite some Colombian people to come here as witnesses so they can express either concerns or what they see as opportunities in a vivid way. This trade agreement affects both of our economies and should be examined closely at committee level.

There are concerns about human rights in Colombia. The best way to understand the extent and impact of those concerns would be for committee to visit Colombia or invite Colombian witnesses to appear in this country.

There are two approaches that one could take on the conflict of human rights versus trade.

The first approach would be as we have done in China, and various governments have taken this approach. We could foster trade and encourage human rights as a result of the trading relationship. The other approach would be to oppose trade altogether until the human rights concerns have been addressed. Those are the kinds of parameters of the debate on the human rights argument.

Let me emphasize the fact that the best way for Parliament to find the balance and establish a direction and come to a conclusion is to aggressively now pursue hearings in the country and possibly in Colombia or bring Colombian witnesses here.

I can assure the House that farmers will want to be heard. They have sent letters to most of us in the House directly, suggesting how important the Colombian market is for their exports so they can achieve some economic opportunities in our country.

With committee hearings, the people of Canada, the people of Colombia and industries in both countries could be given a direct voice and direct input.

On the Colombian side, I will admit that I am very concerned, after hearing that the president has indicated he may change the constitution so he can stay in office beyond the two term time limit. That is worrisome. Has the Prime Minister raised this issue with the president? Has he said to the president that to violate the constitution in order to extend his term could have an impact in this country as to whether we would pass the Colombia free trade agreement in the House?

I will admit I have serious concerns about agreements once they are signed and the government's ability, or courage or lack thereof, to stand up for Canadians who have established rights under those agreements. The best example is that the Conservative government certainly has failed to stand up for Canadian trade rights under the trade agreement with the United States.

The U.S. is our closest trading partner. Everybody knows how the Conservative government sold out on softwood lumber, but let me explain the latest dispute. The government has failed Canada's livestock industry, beef and hog and other livestock producers, with the trade agreement that is in place with the United States. I have said in the House many times that Canada is losing the hog industry in part due to the United States' protectionist policy and the Conservative government's failure to utilize the authorities under trade law to protect Canadian producers' interests. Here are the facts.

Dr. Milton Boyd, in an editorial in the Calgary Sun, said this about the situation of country of origin labelling in the United States. He opened the article by saying:

Struggling US livestock producers--hit hard by the recent economic downturn and the drop in demand for meat in the United States--have spurred recent trade protectionism measures—

We know what the Americans are doing is illegal. We know the Conservative government should be standing up for Canadian producers. But what are the consequences of the government not challenging the United States and standing up for Canadian producers? Here is what Dr. Boyd had to say:

[Country of origin labelling] COOL has resulted in a tightened, protectionist border. Canadian hog exports to the U.S. for market pigs have dropped...60% [from last year]...

...this loss is around...$163 million over a full year... Also, slaughter-cattle exports are down 20% and feeder-cattle exports are down by 50%.

That is an extremely serious issue. We are losing an industry. The government has the authority under trade law to stand up and fight for Canadian producers, but the minister sits on his hands. When the Prime Minister had the opportunity to apply more pressure when he was in the United States, what did he do? He got in his Challenger jet and flew home at a cost of about $60,000 to have a coffee at Tim Hortons.

[An hon. member]

A double-double.

[Wayne Easter, Liberal, Malpeque, PE]

Madam Speaker, I do not know whether it was a double-double or not, but it may have been. He had the opportunity to challenge directly the President of the United States and, from what I can gather, did not do so.

Canadian producers are standing by watching their asset base decline and tumble while the government sits on its hands. To have a trade agreement is one thing, but when one has a trade agreement one has to have a government that has the courage to stand up for the people in our country who are operating under that trade agreement, not just cave in to it. That is what the government has consistently done. Whether it is open market, trade agreement, whatever, it is failing Canadian producers.

With respect to this bill, what really needs to happen from the official opposition's perspective is to move the bill to committee where the voices of Canadians and Colombians can be heard and hearings can be held to establish the direction in which we want to go. The committee and the House can vote on it after all the evidence has been put forward.

[Greg Rickford, Conservative, Kenora, ON]

Madam Speaker, I am a little disappointed that the hon. member may not appreciate the great news about Tim Hortons being back in Canada and the need for our Prime Minister to represent that. That is a bit disappointing.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Throw me a Timbit. Throw me a Timbit.

[Greg Rickford, Conservative, Kenora, ON]

Madam Speaker, we are hearing about Timbits from timbits.

Could the hon. member highlight some specific things that would make this agreement with Colombia advantageous for both Canada and Colombia? Perhaps he could make reference not just to the economic opportunities but the importance of a relationship with Colombia to help lead it in important areas like human rights, perhaps health and some of the things that have been discussed in the debate previously.

[Wayne Easter, Liberal, Malpeque, PE]

Madam Speaker, let me answer the question quite directly. Of course, I see many benefits in this agreement, especially for the farm sector, such as livestock exports. Certainly the Canadian Wheat Board, a great marketing institution in this country which the current government continues to try to undermine, is saying very clearly that the trade agreement with Colombia is important to move grains and oilseeds into Colombia. There are opportunities. There will be other opportunities down the road as well. However, we need to have that debate and let those producers come before committee.

The member raised the issue of the Prime Minister coming back to Tim Hortons and I must make a couple of comments. It was just another re-announcement of a previous announcement. That is what the Prime Minister is so good at. In Prince Edward Island, I announced the new public building in Charlottetown in 2003 and my colleague, the member for Charlottetown, saw that it got off the ground and got built. That was about four years ago. What did the Government of Canada do two weeks ago? It put up a sign in front of the new federal building in Charlottetown, trying to leave the impression that it is part of its economic stimulus package. It is no such thing. That is the kind of mis-messaging the Conservative government does all the time. The government is trying to confuse Canadians that it is providing stimulus when it is not doing anything of the sort. That stimulus was provided by a previous government that believed in building Canada for Canadians.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Madam Speaker, I find it quite interesting that the member mentioned that the government is rehashing old announcements. I guess that it has learned from the previous Liberal government which did that on a number of occasions.

Regarding Bill C-23, in May the steelworkers were on the Hill lobbying Liberal MPs, asking them to honour the commitment they made in June 2008, demanding that there be an independent, impartial and comprehensive human rights impact assessment before Canada would consider entering into a free trade agreement with Colombia.

It is noteworthy to indicate that in the last 10 years, 60% of trade unionists who were murdered in the world were murdered in Colombia.

I ask the member, is it correct to think that this free trade agreement would prevent murders from happening, that trade unionists would not be murdered? I spoke on this last week and I received an email from a constituent who had just been to Colombia and had some concerns with regard to that as well.

[Wayne Easter, Liberal, Malpeque, PE]

Madam Speaker, I made it quite clear in my remarks that we, too, are concerned about the human rights issue in Colombia. We are also concerned about the fact that the president may be thinking of changing the constitution to go another term.

However, we also know that the NDP is opposed to any kind of free trade agreement, no matter what. The NDP members are philosophically opposed.

There has been this debate in the House. It should go to committee where some of the issues the hon. member raised could be addressed directly. The trade unionists could come before the committee so that we could hear them, either on the ground in Colombia or on the ground here, in order to make a balanced decision based on the actual facts rather than the rhetoric of the NDP.

[Patrick Brown, Conservative, Barrie, ON]

Madam Speaker, it is my pleasure today to speak to Bill C-23, the Canada-Colombia free trade agreement bill, as I believe it is one of many elements that have advocated prosperity in our country.

Canada is taking action during these difficult economic times by reaching out to other trading partners and reducing barriers to trade. This is certainly a mechanism to create jobs. This agreement provides Canadian companies with a competitive edge in many sectors, including wheat, paper products, mining, oil and gas, engineering and information technology. This is another example of the government's efforts to deepen Canada's presence in Latin America.

Labour and environmental standards are addressed within the free trade agreement. The side agreement with Colombia on labour and the environment will help ensure that this FTA advances the cause of human rights and environmental protection in both countries.

The labour provisions commit all parties to respect and enforce standards such as the freedom of association and the right to bargain collectively and the elimination of child labour. Environmental provisions will help protect and conserve the environment in those sectors where our companies are active. I believe this will encourage prosperity in both countries. That certainly has been the essence of our government's work in Canada since our election in January 2006.

Since we are talking about means to enhance prosperity, let me touch upon Canada's economic action plan and Canada's economic stimulus measures.

We all know a great deal about Canada's economic action plan, the $61 billion shot in the arm for the Canadian economy. More recently, we have heard about the incredible progress of Canada's economic stimulus. Yesterday we heard the Prime Minister in Atlantic Canada talk about the success of the $7.6 billion economic stimulus program.

We learned that there are 7,500 infrastructure and housing projects. More than 4,000 have begun. Of the 7,500, there are over 4,700 provincial, territorial and municipal infrastructure projects. There are 1,150 projects to repair and renovate federal buildings across the country; 447 projects to improve infrastructure at colleges and universities; about 300 social housing projects; 600 projects to help communities hardest hit through the community adjustment fund; and almost 100 projects to promote culture and tourism. These are all things that are going to be major benefits to Canada and are going to stimulate communities across our country.

Sometimes when we hear those giant numbers we wonder what it means in our communities. I thought today I would mention some of the successes of the economic stimulus program in Barrie, the riding that I have the tremendous honour of representing. There has been $54 million in economic stimulus over the last year in our region of Simcoe County and I am going to talk about a few of the projects today.

There is the downtown community theatre, an investment of $2.5 million with the federal government to build and construct a theatre in our downtown, something that had been advocated for a long time by Joe Anderson and William Moore, who came to Ottawa and made a presentation last February. I know they were shocked to see how quickly this government got engaged in this project that is going to create jobs and stimulate our downtown.

I think of the Lake Simcoe cleanup fund, where there has been $5.3 million in investment, dealing with the reduction of phosphorus levels in Lake Simcoe through fighting urban waste runoff in areas where it can be cleaned up.

I look at the Allandale GO Train station. This is a $1.5 million federal investment that was announced last February. For a long time Barrie was without GO Train services. Unfortunately, in the early 1990s the NDP premier at the time cut the GO Train, despite its popularity in our region. To have GO Train services back, as was announced in 2007, was a tremendous boom to our community, but now to have a second station in the downtown dovetails so well with the downtown community theatre that I mentioned.

These are two major projects in our downtown. I certainly must credit the local councillor, Jerry Moore, who was very active in advocating the station, and also Jack Garner, who had sat on the GO Train board when it was taken away and remained active in the diligent fight to bring it back for over 12 years.

I think of the Barrie fire station. There was a desperate need for a new fire station in our downtown and the federal government invested $4.2 million into this economic stimulus project that was announced in June. Shovels are just beginning to work on this property on Dunlop Street in Barrie.

This was something that the city did not have the funds to do. If it were not for these stimulus investments, this is the type of project that would never have happened. Dozens of jobs are being created through this building of a new fire station. I had a chance to sit down with Len Mitchell and Kevin White from the fire force and they were so ecstatic to hear that this investment was made.

To give another example of infrastructure investment, there were five different projects announced in June in the city of Barrie. These too will create prosperity. Whether talking about the Colombia free trade bill or about infrastructure investments, this is all part of a larger picture of investment and prosperity that this government has certainly been engaged in.

Of these five road projects that I was mentioning, one was for $506,000. Another was for $992,000. Another was for $1.7 million. Another was for $1.6 million and another for $3 million. These road projects are all beginning this year. They are going to be finished within a year and a half. These are all projects that are going to have to hire construction workers. These construction workers are going to spend in our community. We are leaving a lasting legacy for our community and country.

I would be remiss not to mention the expansion of Lake Simcoe Regional Airport, the federal component of which was $4.5 million. The municipalities and province are getting involved. This is another project that is embarking momentarily and will be completed within a one-and-a-half year timeframe. This expansion is going to make our region more competitive economically, but it is also something that is going to create immediate construction jobs.

I note that there are also RInC projects in our riding. There are two of them including the tennis club and Eastview Arena. These projects are also of significant stature. They are in the million-dollar range and are desperately needed. When I sat on council in Barrie nine years ago, we were talking about upgrades to Eastview Arena.

It is one of those things that is talked about every year at budget and there is never enough money around the table to do it. This federal investment in recreation enables the city to complete this long-desired investment in recreation. At Eastview Arena, the kids had to split into two dressing rooms to change because it was so small. This change has been—