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

[Some hon. members]

Yea.

[The Acting Speaker, Barry Devolin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Barry Devolin]

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

Mr. speaker, I ask that the vote be deferred.

[The Acting Speaker, Barry Devolin]

The vote stands deferred until 5:30 p.m. today.

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 to the amendment.

[The Speaker, Peter Milliken]

The House will now proceed to the taking of the deferred recorded division on the subamendment of the hon. member for Nanaimo—Cowichan on the amendment to the motion at second reading stage of Bill C-23.

(The House divided on the amendment to the amendment, which was negatived on the following division:)

Vote #112

[The Speaker, Peter Milliken]

I declare the amendment to the amendment lost.

The House resumed from October 7 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.

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

Madam Speaker, I want to confirm that we are proceeding with Bill C-23 as we just had a motion dealing it.

[The Acting Speaker, Denise Savoie]

Yes.

[Diane Bourgeois, Bloc, Terrebonne—Blainville, QC]

Madam Speaker, thank you for giving me the floor today so that I can continue the debate on this free trade agreement with Colombia. The Bloc Québécois is opposed to Bill C-23 for a number of reasons. And we are not the only ones who oppose this bill. The whole of Colombian civil society, the unions that are trying to help workers in Colombia and a great many groups in Canadian civil society have also criticized this agreement.

This agreement is premature. Moreover, it does not take into account the serious problems in Colombia, especially with regard to human rights and respect for individuals. Colombia is one of Canada's minor trading partners. Canada exports grain to Colombia, which in turn sends us products that are often hand-made. Where this agreement could be important to Canada is in connection with the extractive industry. Colombia is among the Latin American countries that are very rich in ore. Canadian mining companies that set up there need protection, because these countries are not safe.

It is no secret that Colombia is a country with a great many guerillas. What is more, President Uribe is not known for promoting social justice or upholding human rights. When we first started talking here in this House about this free trade agreement with Colombia, the ambassador of that country sent tonnes of documents to members of Parliament. We received those documents in our offices. We were told that there had been changes, that President Uribe had changed his ways in the past few years and that Colombian law had changed. That is not exactly true.

We recently read a blog by Linda Diebel of the Toronto Star, who accuses the hon. member for Kings—Hants of trying to whitewash the Uribe government by peddling untruths. Diebel scoffs at the member's claim that there are no longer any paramilitaries in Colombia. That is the line we got from various Conservative members who have spoken. It is shameful; these people are prepared to hide the truth to advance their agenda and adopt an agreement that is decried by many in the general public, in the world and in Canadian civil society.

Linda Diebel reminds the hon. member for Kings—Hants that the new death squads that have formed and that the new groups of drug traffickers are just the old paramilitary groups and they still have close ties to the army. According to Diebel, he is wrong to say that the situation of murdered unionists in Colombia is improving. She goes on to say that recent figures show a slight increase.

She roundly condemns this member's campaign to whitewash the Uribe government, which has been condemned by the main human rights groups. This is a president who ignored the actions of the death squads when he was governor of Antioquia.

What does this mean? It means that when our investors, who want to make money, go to such a country, they need protection. The Canada-Colombia free trade agreement is not about trade and, I reiterate, is all about investments. Because this agreement contains a chapter on investment protection, it will make the lives of Canadian investors easier, especially for those investing in mining in Colombia.

Judging by all the investment protection agreements Canada has signed over the years, the one that would bind Canada and Colombia seems ill conceived. All these agreements contain clauses that enable foreign investors to sue the local government if it takes measures that reduce the return on their investment. These measures are similar to the NAFTA chapter 11 provisions and are particularly dangerous in a country where labour or environmental protection laws are uncertain at best.

We should remember that, with respect to foreign investment in certain countries such as Colombia, there are few if any rules that protect people against environmental disasters. There are no provisions with respect to child labour or working women, for example, or to protect workers in general. These are countries where a human being is not necessarily valuable and it is up to us, I believe, as a civilized country that recognizes the importance of the human being, the importance of prohibiting child labour, and the importance of ensuring gender equality, to set rules for our entrepreneurs so that they do not disregard human rights and are cognizant of environmental protection, even if the environment is not that of their own country.

I have seen slides, pictures showing, for instance, that the ground in areas where some Canadian extractive companies were mining was so polluted that river water turned pink. This water had become unusable for the local people, who then had to walk miles every day to fetch water. The groundwater has been completely contaminated for decades, perhaps even centuries to come. It should be possible to tell a Canadian mining company that, because it is contributing to water pollution in an area, action will be taken against it. But if the company is penalized somehow and cannot operate, it could sue the government, increasing its chances of being able to continue to not give a damn about the environment and human rights.

That is one of the reasons why we oppose this free trade deal. It provides excessive protection to Canadian extractive companies. It is one thing to protect Quebeckers and Canadians, but this agreement ought to include standards to protect the people and the environment.

There may be a few words about them here and there in the agreement, but that is not enough.

[Gérard Asselin, Bloc, Manicouagan, QC]

Madam Speaker, I listened carefully to my colleague's fine speech.

It is not just abroad that many Canadian companies are doing this kind of thing. Companies mining for uranium have done some testing at Sept-Îles on the North Shore. They did some drilling and took some core samples, and everything was left on site. Everything was left with no supervision from Environment Canada, and the Canadian government does not care.

The Minister of Fisheries and Oceans had to be called upon, because these Canadian companies are doing this not only abroad, but also in Quebec on the North Shore, for instance, in uranium mining. They left exploratory samples—they were hoping to find uranium—on the side of the road that runs along the Moisie River, a salmon river, as well as near the water intake for the city of Sept-Îles. Not only are environmental regulations needed, but we must also be much more vigilant, because companies are doing this kind of thing right here, as well as abroad, and they have no qualms about it.

I wonder if my hon. colleague knew that this was happening not only abroad, but also in Quebec. I would like to hear her comments on that.