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

September 30th, 2009 / 4:55 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, I agree with the member from B.C. on his idea of harm reduction. It is something we should pursue and take away the oxygen to many of the militias. This is why it is so important that we focus on that and not put our stamp of approval on a government that clearly is out of bounds when it comes to human rights. Yes, I would applaud that, and we should pursue it. However, for heaven's sake, let us not get involved with the kind of government that is overseeing some of these abuses and is involved in this kind of corruption. That is the wrong way to go.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 4:55 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I congratulate my colleague from Ottawa Centre for his presentation in which he talked about teachers. We are all touched by his remarks. We are becoming increasingly aware of the fact that certain political parties in this House are siding with investors whereas other parties are supporting workers, teachers, ordinary people, miners and so forth.

I would like my colleague from Ottawa Centre to explain why they are supporting just the investors.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 4:55 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, my colleague's question is at the core of what we are talking about.

Why do we have a government that does not want to sign on to corporate social responsibility in a real way? Why do we want to rush into a trade agreement with a country that has not put its house in order when it comes to human rights and environmental oversight?

What I think is at play is we have a government that is so enthusiastic about looking like it is expanding trade at any cost that it has forgotten about the core values of most Canadians. When we go abroad and we make deals with people, we have to ensure we check the whole package. In this case, it is only about the bottom line.

At the end of the day, it is just not worth it to trade with regimes that do not have their human rights or environmental houses in order. It is not worth it. The government needs to examine that a lot more carefully and the Liberal Party needs to do that as well. Trade at any price is not worth it.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 4:55 p.m.
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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Madam Speaker, I was intrigued by the member for Ottawa Centre. I am sure he was a very good teacher and a passionate one.

He reminded me when I was practising law many years. As a member of the Canadian Bar Association, we received a letter from a member of the judiciary of Colombia saying they needed interaction with Canadian lawyers and with judges because they were under threat all the time. They pleaded for us to take an interest and for more interaction, which would be facilitated by the type of agreement we are debating today.

Would the member respond to that?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, there is a way to engage without having to make things worse and this trade agreement makes things worse.

Through the Organization of American States, we could intervene. We could work with those who trying to bring democracy and fairness to civil society in Colombia, which is actually going on now. That is the route to go.

Until we see enough change, we should not be involved in this trade deal, and I think most Colombians—

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Resuming debate, the hon. member for British Columbia Southern Interior.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Madam Speaker, with regard to this agreement, we have talked about labour rights and I want to underline the fact that Colombia is one of the most dangerous countries on earth for trade unionists. We have had examples given by my hon. colleague, the member for Winnipeg Centre, and others who are saying that these folks are regularly victims of violence, intimidation and assassination.

This agreement does not have any kind of tough labour laws or labour standards. By putting these labour provisions in a side agreement, outside of the main text and without any enforcement mechanism, will not encourage Colombia to improve its horrendous human rights situation for workers and will actually justify the use of violence.

That is something that we have talked about here and I believe warrants more thought and consideration.

This agreement also does not really address the environment issue. It is addressed in a side agreement with no enforcement mechanism to force Canada or Colombia to respect environmental rights.

Then we come to another point that we have not really talked about a lot and that is the investor chapter. This is copied from NAFTA's chapter 11 which provides powerful rights to private companies to sue governments, enforceable through investor state arbitration panels.

I find this particularly worrying because of our many Canadian multinational oil and mining companies operating in Colombia. The arbitration system set up by chapter 11 gives foreign companies the ability to challenge legitimate Canadian environmental labour and social laws here in Canada. It will give the same opportunity to foreign companies in Colombia. I think this is absurd.

If we look at chapter 11 and what has happened in Canada as a result of this clause, we see that for example in early April American chemical company Dow sued the federal government for $2 million in damages it claimed it would suffer from Quebec's cosmetic pesticide law. This is absurd, a foreign company suing a Canadian government that wants to protect its citizens.

We have seen that our tax dollars have been used by the Canadian government to pay Ethyl Corporation, $13 million to be exact, for an out of court settlement following a challenge filed on April 14, 1997, to Canada's ban on the import and interprovincial trade of gasoline additive MMT, a suspected neurotoxin.

The list goes on and on. Our government has been challenged by chapter 11 of NAFTA and now we want to transport this clause to Colombia so that other multinationals including ours can challenge their laws. For this reason alone, we should not be signing this agreement.

We look at agriculture tariffs. We look at Colombia's poverty. We know that in Colombia 22% of the employment is in agriculture. An end to tariffs for cereals, pork and beef, although favourable to us, the trading partner, will flood the market with cheap products and lead to thousands of lost jobs.

We have seen this in Mexico. We have seen that 30% of the corn in Mexico consumed now is imported from the United States, which is heavily subsidized corn. It has displaced over two million and up to fifteen million, I am not sure of the exact count, farmers from the land who have not been able to compete with produce coming in from out of the country.

Personally, I do not think that Canadians would want to see their farmers being displaced because of goods coming into our country. Surely there must be a way to have fair trade in these commodities between our countries and not trade which displaces farmers off the land.

I would like to talk about the fact that in any trade agreement, it is essential for fair trade to ensure full respect of human rights. The Canada-Colombia agreement is fundamentally flawed. It only tentatively addresses the issue, and does nothing to improve the serious problem with human rights in Colombia.

By ratifying the trade agreement with Colombia, Canada would be condoning a dangerous regime that is involved in acts of violence and murder against its own citizens. We heard a number of examples in our discussions today. The “kill a trade unionist, pay a fine” provision is ridiculous. It is particularly offensive. Under this provision, when a trade unionist is killed in Colombia, the government would simply have to pay into a development fund, up to a maximum of $15 million per year. That is unacceptable.

The Canada-Colombia agreement is essentially a reproduction of the outdated trade approach taken by former President George Bush. In the United States, Congress put a hold on the U.S.-Colombia free trade agreement last year, and President Barack Obama has said he will not pursue the agreement because of the human rights abuses. If our neighbour to the south had second thoughts about this agreement, the least we could do is carefully examine the agreement before us today and not blindly accept it.

In 2008, the House of Commons Standing Committee on International Trade recommended that we not sign any agreements with Colombia until they have improved their human rights record. It also recommended that we conduct a human rights impact assessment to determine the real repercussions of a trade agreement. The government completely disregarded this report. This is another example of how the government does not listen to its own committees, in this case, the Standing Committee on International Trade.

Members in this House have said that they will support this bill. The Standing Committee on International Trade published a report in June 2006 recommending that Canada not sign and implement a free trade agreement with Colombia before conducting an independent, impartial, and comprehensive human rights impact assessment. That was recommendation No. 4.

I would also like to applaud and thank my colleague from Burnaby—New Westminster for the work he has done to raise awareness of the facts we are talking about today and for the work he has done with parliamentarians from other countries to show that this is not really a free trade agreement. This is an agreement for huge multinational corporations that want to enjoy the same benefits in Colombia as they do here in Canada, corporations that were not protected with all of the free trade agreements like NAFTA or the agreement that may now be finalized, the Security and Prosperity Partnership of North America.

Some may not agree with what is happening here. For instance, some may think that NAFTA has not helped Canadian agricultural producers. Twenty years ago, beef producers earned twice as much as they do now. That was just before we signed the free trade agreement with the United States. We are always being told that markets have to be opened up. The market for beef has tripled in size, and we are now exporting three times as much beef as we were 20 years ago, yet producers are earning half as much as they were then.

That is one outcome of the so-called free trade agreement we signed. The same thing happened to cherry producers this summer. They had the best harvest ever, but they lost money because we imported U.S. cherries thanks to the so-called free trade agreement with the United States. That is why we have to be so careful and really think about what is being proposed.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:10 p.m.
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Liberal

John Cannis Liberal Scarborough Centre, ON

Madam Speaker, I listened very carefully to the member's comments. He talked about standards and that there are not enough tough standards in this agreement. Of course, we know that if the NDP had its way, there would be no trade agreements, period.

I have an article from a newspaper that I want to quote. It says, “The pact”, referring specifically to this trade agreement, “is broadly modelled on others Canada has signed with the United States, Mexico, Israel, Chile and Costa Rica--”, and it goes on.

The member spoke about President Obama. I would like to quote again from the paper. It states, “Now U.S. President Barack Obama's trade czar Ron Kirk is seeking a way forward”.

I chaired a committee not too long ago, before the recess, at which President Uribe appeared. He reached out to us and said, “We need help”.

I want to ask the member, are we going to help this country by staying away and ignoring it or are we prepared to go there and show it how we do things here in Canada?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:10 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Madam Speaker, with regard to trade, I would ask him to look at our last year's agricultural policy and our statement on food sovereignty, for example, which stated that we believe in trade, but we also believe in self-sufficiency and the fact that we should not be hurting the small farmer. In this case, we are looking at the farmer in Colombia. We are looking at fair trade as opposed to free trade.

While we are talking about trade, I would like to ask the member why he and his party did not support our amendment, which basically kills our shipbuilding industry, when we signed on to that so-called free trade agreement with the European countries, of which Norway was a part.

The NDP put forward an amendment that could have protected our shipbuilding industry, so that at least people could keep working in Halifax, Quebec and Vancouver. Because Canada signed that agreement, in the name of free trade and more trade, in 15 years our shipbuilding industry will be gone because he and his party supported the Conservative Party and the other opposition party in signing that agreement.

I would like him to reflect on that.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:10 p.m.
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Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Madam Speaker, I listened very carefully to my colleague from British Columbia Southern Interior.

I had the opportunity to visit his riding where I learned of his humble nature and his work with farmers. I have heard a lot of good things about my colleague. He talked about farmers today and in fact, when I look at this particular trade agreement with Colombia, it is my understanding that this free trade will help farmers.

My question to the member is this. How would it positively impact small farmers, not the multi-millionaires, either in Saskatchewan or—

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:10 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order. The hon. member for British Columbia Southern Interior.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:10 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Madam Speaker, I certainly enjoy speaking with my hon. colleague on various issues. I know he works hard. He certainly has many friends in my riding and we talk about the issues concerning farmers.

Any time we can open up markets, it is obviously good for farmers who export. We have organizations fighting on behalf of our farmers. There is the dynamic Canadian Wheat Board which supports trade and exporting more grain would see more markets open up. That is what these organizations should be doing and they are doing that. They are working hard on behalf of farmers.

It is up to us here in this building to look at the overall picture and ensure that if we happen to open up a few more markets for our farmers, it does not kill markets for other farmers in the world.

I gave the example of Mexico. It is a ludicrous situation. A country that was self-sufficient on corn production now has farmers displaced off the land, many of whom are involved in the drug trade and are now illegal farm workers working on farms in the United States because we have signed these ridiculous free trade agreements. That is what I do not want to see happen to Colombian farmers and that is what our farmers certainly do not—

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:15 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Resuming debate. The hon. member for Halifax.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:15 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, I am very pleased today to rise and add my voice to this debate.

Not long after my election last fall, I was contacted by some constituents who are with KAIROS. KAIROS works on Canadian ecumenical justice initiatives as part of a dynamic church-based social justice network and social justice movement.

I was very familiar with the community work that KAIROS had been doing, so I was eager to meet them, thinking we would talk about some of their work on ecological justice or human rights and trade, or maybe their work on actions for global justice.

What I did not expect were the guests they would bring to the meeting. I did not know that KAIROS was working on the issue of trade and human rights, specifically measuring the impacts of trade on human rights. They were bringing leaders of Colombian social movements to meet with people in Canada to talk about what was going on in Colombia. These movements represent women, indigenous peoples, workers and faith-based communities.

They were coming to Canada to talk about the human rights impacts they believe will result if Canada actually implements the Canada-Colombia free trade agreement act. The Colombian leaders that KAIROS is working with include German Casama, who is a leader of the National Indigenous Organization of Colombia. They are also bringing Maria del Carmen Sanchez, the national president of the Colombian Health Workers' Union and Yolanda Becerra, national director of the Popular Women’s Organization. They were also bringing Brother Omar Fernandez, director of the Inter Franciscan Commission for Justice, Peace and Reverence for Creation.

All four people are also leaders of the Coalition of Social Movements, which brings together a range of civil society movements and organizations that represent women and indigenous peoples, Afro-Colombian communities, small farmers and churches. This organization, as I understand it, represents almost two million people.

I had the distinct pleasure of meeting with Brother Omar Fernandez in my office in Halifax. During this meeting I heard Brother Omar's first-hand account of human rights violations in his country, how trade and investment would be expanded by this agreement and how that will actually impact on the rights and livelihoods of Colombian communities.

It was chilling to hear his first-hand stories of violence and human rights violations. After our meeting, Brother Omar asked me to write a letter to authorities asking for his protection upon his return to Colombia. That was a sobering letter to write, to say the least.

It is very irresponsible for the government to push an FTA with Colombia. This is a country with the worst human rights record in the western hemisphere, and it is one of the most dangerous countries in the world for trade unionists.

The belief that trade will bring human rights improvements to Colombia is completely contradicted, not just by the facts, but also by the text of the agreement. The full respect of fundamental human rights must be a precondition of any trade agreement. This was made very clear to me after my meeting with Brother Omar.

It is interesting how this issue has captured the attention of Canadians across the country. I have received letters and phone calls and emails about the CCFTA, and they have been unanimous in asking me to stand up against the implementation of this act.

I have been at community meetings about other topics. I was at a community meeting about a school closure when someone slipped me a copy of the Canadian Labour Congress' write-up on Colombia and the free trade act. A couple of weeks ago I was doing a radio call-in show on P.E.I. along with a Liberal member of the House. This Liberal member cited our ability to co-operate and collaborate here in the House. He actually pointed to the Liberal Party's support of the CCFTA as an example of how we can work together in Parliament.

A caller on the phone said, “That is wrong and you really need to reconsider what you are doing, because workers are being shot and killed on the shop room floor”. The caller actually asked that this member reconsider his position on the bill.

There are four main aspects to the FTA that are really the most offensive: a failure on human rights or labour rights protection, a failure on environmental protection, the investor chapter, and agricultural tariffs. I will summarize each.

The failure on labour rights protection is of particular interest to me with my law background. Colombia, as I said earlier, is one of the most dangerous places on earth for trade unionists. They are regularly the victims of violence, intimidation and assassination from paramilitary groups that are linked to the Colombian president's government.

The CCFTA does not include tough labour standards. Putting the labour provisions in a side agreement, outside the main text and without any kind of enforcement mechanism, will not encourage Colombia to improve its horrendous human rights situation for workers.

Madam Speaker, 2,690 trade unionists have been murdered in Colombia since 1986. In 2008, the number of murders was up by 18% over the previous year. So far this year, as of September 2009, 27 trade unionists have been murdered. According to the International Labour Organization, over the last 10 years 60% of all trade unionists murdered in the world were murdered in Colombia. This is reason enough not to go through with enacting the legislation, but there is more.

The Colombian government of President Uribe has been accused by international human rights organizations of corruption, electoral fraud, complicity in extra-judicial killings by the army, and links to paramilitary and right-wing death squads. It has also been accused of using its security forces to spy on the supreme court of Colombia, opposing politicians, government politicians and journalists. Many government members, including ministers and members of Uribe's family, have been forced to resign or been arrested.

It is telling to look at our neighbours around the world. One of my colleagues alluded to this earlier. The U.K. recently ended military aid to Colombia because of the systematic crimes committed against the Colombian people. This happened within the context of false positives coming to international attention. This is the practice of the Colombian army that involves the dressing up of murdered civilians as guerrillas to show results. It is this body count of false positives that the government and the Liberals are rewarding with Bill C-23.

We need to be talking about fair trade, and fair trade means fully respecting human rights as a precondition for all trade deals. The Canada-Colombia agreement is fundamentally flawed and does little more than pay lip service to the serious damage it could do to human rights in Colombia.

Another area where this agreement fails is environmental protection. The environment issue was addressed again on the side agreement, and there is no enforcement mechanism to force Canada or Colombia to respect environmental rights. The process is very flawed; it is just a smokescreen.

We have seen in the past that side agreements are unenforceable. For example, there has not been a single successful suit brought under the NAFTA side agreement on labour. Before the House rose this summer, I had the distinct pleasure of hearing my colleague from Edmonton—Strathcona, an environmental law expert, discuss this aspect of the agreement in great detail.

Another area where there is a flaw with this agreement is the investor chapter. The investor chapter is copied from NAFTA's chapter 11 investor rights. The CCFTA provides powerful rights to private companies to sue governments, enforceable through investor state arbitration panels. We have seen this before. This is particularly worrying because there are many Canadian multinational oil and mining companies operating in Colombia. The arbitration system set up by chapter 11 gives foreign companies the ability to challenge legitimate Canadian environment, labour and social protection. Giving this opportunity to private businesses in Colombia and elsewhere will further erode Canada and Colombia's ability to pass laws and regulations for the public interest.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 30th, 2009 / 5:25 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Madam Speaker, I am sure that the House appreciates and respects the overview that has been given by the member, in particular from a legal perspective.

The free trade agreement is a bilateral agreement. The argument has been made that side agreements are more than just footnotes to a bilateral agreement; they give the force of international law the opportunity for further enforcement through multilateral organizations. That is not just through the WTO, but when talking about human rights, it is through the United Nations. If there is an abrogation with respect to the bilateral agreement, the side agreements actually provide more opportunity for a more broad and enforceable adjudication through such international organizations.

Would the member like to comment on that? Rather than magnifying the opportunity for enforcement, I think her argument, based on the precedents she cited, is that it rather constricts it. That is not my understanding of international law.