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

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, I rise on a point of order. I thought we were debating Bill C-23, the Canada-Colombia free trade agreement. All I have been hearing are stories about infrastructure. I am just wondering when the member is going to be dealing with the issue at hand.

[The Acting Speaker, Denise Savoie]

I would ask the hon. member for Barrie to return to the subject of the matter at hand, which is Bill C-23.

[Patrick Brown, Conservative, Barrie, ON]

Madam Speaker, as I mentioned, whether it is prosperity created through the Colombia free trade agreement or whether it is prosperity through infrastructure, it is important to look at the larger picture. The big picture is that this government is advocating prosperity in every sense.

Whether we create a job through the Colombia free trade agreement and have a business with a new trading avenue, or whether it is through an infrastructure project like the Eastview Arena that I mentioned, the prosperity-enhancing measures that this government has been engaged in are going to have real benefits for Canadians.

Consider an individual who has a new job in Barrie. What is the cycle of that new job? That individual is likely going to frequent a local restaurant. They are going to shop at a local business. That is more business for a business or restaurant that may have been struggling to keep their balance sheets. It keeps them alive. It maintains jobs.

I am so proud of our government for doing this. Our government is not only advocating prosperity but maintaining it. It is protecting jobs and certainly looking out for the best interests of Canadians.

[Borys Wrzesnewskyj, Liberal, Etobicoke Centre, ON]

Madam Speaker, recently the Prime Minister attended the world summit at the United Nations and my understanding is that the President of Colombia was present at that summit as well. Considering the amount of time we are debating this very important free trade agreement with Colombia here and the very serious issues being raised including human rights issues, did the Prime Minister have the opportunity to sit down and discuss some of these issues with the president of Colombia at that summit?

We know that the Prime Minister's time unfortunately was limited at the UN because he rushed back at a cost of $60,000 to taxpayers to take the Challenger jet back to Oakville to attend Tim Hortons. Tim Hortons has opened up a location in New York. He could have done it just around the corner from the UN and saved taxpayers $60,000.

However, did he have an opportunity to meet with the president of Colombia to discuss some of these issues. If he did not meet, was it perhaps because his time was so limited because he rushed back on this taxpayer funded $60,000 Challenger trip to Tim Hortons for a double-double?

[Patrick Brown, Conservative, Barrie, ON]

Madam Speaker, it is always amusing to hear the Liberals talk about trade liberalization and trade because their positions really change quite rapidly.

I think of the Liberals when they were in opposition prior to the election of Prime Minister Chrétien. They were rabid anti-free traders and in office they advocated for trade.

Therefore, it is tough to take seriously anything they say today whether they are for it or against it because they tend to change their minds once elected on trade liberalization.

It is always interesting to hear the comments, but I recognize they may not have any bearing on what would happen if they were ever unfortunately to return to office.

In terms of the Canada-Colombia free trade bill, I think it is important to reference that in February 2008 a report from the United Nations High Commissioner for Human Rights on the situation in Colombia stated:

It must be recognized that Colombia has made progress in restoring security throughout the country in recent years, and the visibility given to human rights in the public agenda is a solid achievement.

Hopefully, Canada like other countries has helped raised that--

[The Acting Speaker, Denise Savoie]

Order. Question and comments, the hon. member for Algoma—Manitoulin—Kapuskasing.

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

Madam Speaker, I certainly was a little confused for a minute. I thought perhaps the member had the wrong notes in front of him because he talked more about stimulus than with regard to Bill C-23. The Canada-Colombia free trade agreement is of great concern to not only the NDP but as well to many people within Canada and abroad.

The Canada-Colombia agreement is strongly opposed by parliamentarians in Canada and Colombia, by civil society groups, indigenous people, trade unions, environmental groups and citizens from both nations.

There was a letter that was sent by over 50 prominent Canadians including activists, professors, labour groups, civil society, Stephen Lewis, Ed Broadbent and Naomi Klein to the Leader of the Liberal Party, Michael Ignatieff, during the party's leadership convention--

[The Acting Speaker, Denise Savoie]

Order, please. I would ask the hon. member to refrain mentioning the name of a sitting member of Parliament, but in any event I must give the member for Barrie the time to respond to that question.

[Patrick Brown, Conservative, Barrie, ON]

Madam Speaker, in terms of her question about the topic, sometimes the NDP members forget to appreciate this. We have to look at prosperity in all its elements. Certainly, I can appreciate why they may not view it that way but job creation is certainly related to trade liberalization as it is to infrastructure projects. We have to look at the larger picture of how to create jobs, not just criticize or debate in Parliament. It is important to look at tangible job creation mechanisms.

Trade liberalization is one of them, infrastructure investments are another. They are all linked to the larger picture of prosperity.

In terms of Colombia, Colombia will make no progress if we isolate that country. We believe that political engagement, development assistance and free trade are all key elements for success in Colombia.

Over the last six years the personal situation of a vast majority of Colombians has improved. Illegal armed groups have been weakened. The progress has been acknowledged by the global community and international organizations that are present in Colombia.

[Pierre Paquette, Bloc, Joliette, QC]

Madam Speaker, I am pleased to speak to Bill C-23, the Canada–Colombia Free Trade Agreement Implementation Act.

I must point out right away that the Bloc will oppose this bill, and not because it opposes free trade or the opening of borders. Everyone knows that, in the past, Quebeckers supported the philosophy that resulted in the establishment of the North American Free Trade Agreement, despite its imperfections. It was interesting to see that, for the first time, a free trade agreement included not only our neighbour the United States, but a developing country, as well, namely Mexico.

At the time, I was the general secretary of the Confédération des syndicats nationaux. We had changed the name of the Coalition Québécoise d'opposition au libre-échange—the Quebec coalition to oppose free trade—at the time the free trade agreement with the United States was being negotiated. With NAFTA, it became the Réseau québécois sur l'intégration continentale—the Quebec continental integration network.

So there is a very broad consensus in Quebec on the importance of opening up borders and doing so under a set of rules benefiting both parties. In our opinion, the free trade agreement between Canada and Colombia in no way serves the interests of Colombia or of Canada or of Quebec.

I point out first that the Bloc, like most stakeholders in international trade, advocates multilateral agreements within the context of the World Trade Organization or as part of an eventual free trade area of the Americas. As there is currently a blockage at the WTO, the former Bush administration in the U.S. had adopted the strategy of trying to sign bilateral agreements with countries unable to properly defend their interests. Free trade agreements have been attempted or have been signed between the United States and Chile, Peru and Colombia.

We note that the Conservative government has adopted this strategy with less success than the previous American administration. It simply blindly followed the Republican strategy, the prerogative of President Bush, negotiating bilateral agreements with powerless countries, through which the Americans imposed their vision of free trade. The Conservative government of Canada has adopted the same strategy.

This strategy, I note, is being questioned by the new American administration, and President Obama has called for a review of the strategy for expanding international trade.

It must be said that negotiations to expand free trade at the WTO and in the context of a free trade area of the Americas are currently blocked, not because people are opposed to opening up borders, but because they realized that opening up borders without another agreement on labour, the environment or culture and language leads to troubled waters, as we have seen with chapter 11 of NAFTA on the protection of investments, which has been reproduced in the free trade agreement with Colombia.

We should be very clear. This agreement is certainly not based on the amount of trade between Canada and Colombia. In 2008, Canadian imports from Colombia amounted to $644 million. We are not even talking a billion dollars here. At the same time, Canadian exports to Colombia amounted to about $700 million. These negotiations certainly do not involve a major trading partner. What is quite significant, though, is the amount of Canadian investment in Colombia, especially the mining sector, which is over a billion dollars.

If we take a look at the chapter on investor protection, we see that it is very prejudicial to governments, especially the Government of Colombia. The amount of Colombian investment in Canada is only a million dollars.

It is obvious that the purpose of the chapter on the protection of foreign investment is not so much to protect Colombian investors in Canada as to protect Canadian investors in Colombia.

Once again, we are not against protecting foreign investment if it is done well. The problem with the Canada-Colombia free trade agreement, as with the free trade agreement with Peru, is that the chapter on protecting foreign investment confers inordinate rights on foreign corporations. These are mostly Canadian corporations operating in Colombia. It is certainly not the Colombian companies operating in Canada that will pose a problem. Canadian companies operating in Colombia are given the ability to sue the Government of Colombia directly in some situations.

We saw this under chapter 11 of NAFTA, which was carefully negotiated although the people involved did not realize what all the ramifications were. We are more aware now of all the abuses that can arise as a result of NAFTA chapter 11, which has been copied in the treaty between Canada and Colombia.

These abuses have to be stopped. We will not support free trade agreements that include chapters to protect foreign investment similar to chapter 11 of NAFTA. That is why we voted against the Canada-Peru free trade agreement and it is one of the reasons why we will vote against this act to implement the free trade agreement between Canada and Colombia.

On the other hand, we recently voted in favour of the free trade agreement with the European Free Trade Association because it did not have any provisions allowing either Scandinavian companies—because the countries in this association are mostly Scandinavian—or Canadian companies to sue the other government.

It is rather strange that the kind of protection provided in these treaties is different as soon as we are dealing with a developing country that cannot bargain from a position of strength. When it comes to a developed country on our own level, the protective agreements are government to government, that is to say, it is Canada that goes before a tribunal like the London tribunal. Unfortunately, a decision was recently handed down that was unfavourable to Canada and its softwood lumber. American companies did not sue Canadian companies or the Government of Canada directly. Instead, it was the American government that filed a complaint with the tribunal and the interests of the Canadian companies were represented by the Government of Canada.

We think that is how it should be done. It is known as the OECD formula for investment protection, but that is not what we see in the Canada-Colombia free trade agreement. We can add to that Colombia's terrible human rights record, and I think we have very good reason to oppose such a bill to implement the agreement.

I would remind the House that my hon. Conservative colleague was talking about improvements earlier. I do not know where he sees any improvements, considering, for example, that in 2008 crimes committed by paramilitary groups increased by 41% and 14% the year before, and considering that, in 2001, there was a slight decrease in the number of murders of trade unionists, but in 2008, there were 46 such murders. So, clearly, human rights and union rights are being systematically violated.

By signing a free trade agreement with Colombia, Canada is condoning the state of human rights and union rights in that country. The Bloc Québécois refuses to be complicit in this, and Quebeckers will not be complicit in a situation that will benefit Canadian mining companies alone, at the expense of human rights and union rights. I am also convinced that environmental rights are not being respected, because, if we were to take a closer look, I think we would find that these mining companies do not respect the environment in Colombia.

I think I have been quite clear. No one will be surprised to learn that the Bloc Québécois will vote against Bill C-23 and will be very proud to do so.

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

Madam Speaker, I have a quick question and some clarification points. I am not sure where Bloc members stand on the situation when they mention the United States of America. They seem to be of the impression that the Americans are against what we are doing and they too are against it, but my research tells me that it is not the case. President Barrack Obama has admitted that they are proceeding and that he is confident that ultimately we can strike a deal that is good for the people of Colombia and good for the people of the United States. I certainly do not think Congress has tossed this out either.

I wonder if the hon. member could clarify his points on that matter. I think he did touch on the United States situation. I was wondering if he could give his reasoning why they are refusing this in light of the situation in America.

[Pierre Paquette, Bloc, Joliette, QC]

Madam Speaker, I do not think my colleague understood what I was saying or maybe he was not listening. The Doha round at the WTO is currently blocked. It is blocked because emerging countries do not want developed countries to be the only ones benefiting from freer trade. That should be the focus of debate regarding international trade. To avoid having to have this debate and having to make concessions to open the borders, the American government, under the Bush administration, decided to jump into all kinds of bilateral agreements with different countries. As I said, they were generally countries with which they did not have existing trade relationships, but that were not able to hold their own in the balance of power with the Americans.

I condemn the fact that Canada and its Conservative government took exactly the same approach, using the villages to surround and take the cities, as Mao Zedong said. They are currently trying to establish a model of free trade that does not take into account human rights, union rights or environmental rights.

The government is trying to force this on countries that cannot defend themselves, and make that the standard. That is unacceptable from a country like Canada or the United States. That is what President Obama said he would change.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, numerous Liberal and Conservative members who have spoken to the bill have talked about the importance of signing the free trade agreement between Canada and Colombia as a way to improve human rights records in that country.

Does the member have any evidence that signing free trade agreements with any country has improved the human rights record of that country and, if he is aware of one, would he please tell me which one it would be?

[Pierre Paquette, Bloc, Joliette, QC]

Madam Speaker, it is clear to the Bloc Québécois and to most people in Quebec that human rights must come before trade.

I think that if human rights, labour rights and environmental rights were taken seriously, then free trade agreements and investment protection would also be subject to environmental, labour rights and human rights standards.

Major international conventions exist. They must be respected in order for the advantages in the agreement to apply. That is one way Canada and other developed countries could help democracy and prosperity flourish in these emerging countries and in developing countries.

I do not buy the argument that economics and freer trade alone will lead to democracy and prosperity. That has not been proven in the past and it will not be in the future.

The House resumed 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, and of the amendment, and of the amendment to the amendment.