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

October 9th, 2009 / 1:20 p.m.
See context

Liberal

Scott Brison Liberal Kings—Hants, NS

Madam Speaker, over the last five years, the Canadian government, through CIDA, has provided $64 million of aid to the people of Colombia, institution building, security and helping to rebuild the lives of the people of Colombia, socially and in terms of governance, after 40 years of civil war. Since 1972, the Canadian government has provided around $355 million of aid to the people of Colombia.

We are already engaged as a country in Colombia. Canada is already a partner in Colombia. If the NDP's aversion to this trade agreement is based on what is going on in Colombia, then the logical corollarary of that is those members ought to be opposed to Canadian aid to Colombia.

Is that the case? Are they opposed to sending aid to the people of Colombia? Or is it an ideological aversion to all free trade agreements that is crafting the NDP members' position on this? Is it their position that it is all right to give the Colombian people fish, but we should not give them fishing poles? It is alright to give them direct funding and aid, but for goodness sakes do not buy their products? Is that the NDP approach to foreign development?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 9th, 2009 / 1:25 p.m.
See context

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Madam Speaker, if a union member in Colombia had a fishing pole, he would not be fishing for very long. He would probably be murdered by somebody.

We have no aversion to CIDA helping Colombia or any other country that requires our help.

A letter was written by someone from Common Frontiers, who was very angry over the member's viewpoint of what was going on in Colombia. If my hon. colleague, from the beautiful province of Nova Scotia, honestly believes this is the proper way to go, then why are environmental, human rights and labour rights not enshrined in the main text of the body? Why must these things always be in the side deals? Those members refuse to answer that question.

It is quite telling as to why they refuse to answer that one very critical question to help those people on the bottom rung of the ladder in Colombia and around the world.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 9th, 2009 / 1:25 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

The hon. member for Sherbrooke has time for a very brief question.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 9th, 2009 / 1:25 p.m.
See context

Bloc

Serge Cardin Bloc Sherbrooke, QC

Madam Speaker, it will be hard for me to be brief.

Can my NDP colleague confirm the increasingly obvious complicity between the Conservatives and the Liberals?

For all intents and purposes, the member for Kings—Hants, who sits on the committee, dreams only of being the Minister of International Trade or the parliamentary secretary to the Minister of International Trade. Can the NDP member tell me whether he senses this complicity?

For less than 1% of our exports, they are willing to renounce human rights and environmental rights and pave the way for the paramilitaries, the corrupt Uribe government and drug traffickers to keep on doing business at the Colombian people's expense.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 9th, 2009 / 1:25 p.m.
See context

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Madam Speaker, in short, he is absolutely correct.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

October 9th, 2009 / 1:25 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, I know that I do not have much time left to take part in this debate, but I am obviously happy to add my comments to everything that has been said here in this House.

I congratulate the Bloc Québécois and NDP members who are taking a stand so that globalization has a human face. Here in this Parliament, I learned quickly that we had to weigh the pros and cons of each bill. I do not understand how anyone can be in favour of this bill. That said, the Bloc Québécois is in favour of free trade and has advocated for free trade since it arrived in the House. Moreover, the people of Quebec are in favour of free trade.

But I do not understand how anyone can be in favour of a free trade agreement with a country that has absolutely no respect for human rights, environmental rights or workers' rights. There have been many, many speeches in this House that have demonstrated just how corrupt the Colombian government is.

Canada absolutely has to shoulder its international responsibilities by setting an example and helping the people of these countries. Saying that there is no problem trading with a country that denies all the rights I have just mentioned is not a good way to set an example.

I would now like to address an aspect that has not been discussed as much in this place and that is investment protection. When I first came here to Parliament Hill, I was a parliamentary assistant to the hon. member for Joliette, who was the international trade critic. A great deal of time was spent discussing investment protection and chapter 11 of NAFTA, which has been perpetuated by the Conservative government in every free trade agreement.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:15 a.m.
See context

NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, I am pleased to speak today to Bill C-23 and I, along with my NDP colleagues, am proud to speak in opposition to the bill.

The bill is about free trade with a government that refuses to recognize human rights and a government that is complicit in human rights violations. The bill is also about free trade with a government that refuses to recognize the need to protect our planet and our environment, and that is complicit in taking our environmental resources for granted.

Canada signed a free trade agreement on November 21, 2008 and the legislation we are debating today is a result of that agreement and would implement the agreement signed between our two countries.

Even though the agreement is signed, it is not too late, which is why we are taking turns standing in the House to talk about the problems with this agreement. We are trying to wake the government up to the fact that this is a very bad deal. It is bad for Canada and it is bad for Colombia.

On May 25, the Bloc Québécois moved an important amendment to Bill C-23 which I believe is important enough to reread in this honourable House. The amendment reads:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the House decline to give second reading to 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, because the government concluded this agreement while the Standing Committee on International Trade was considering the matter, thereby demonstrating its disrespect for democratic institutions”.

That is a very important and precisely worded amendment. The amendment is important because it restates the purpose of the bill to say that, in fact, members of this House would refuse to give second reading to this bill. We refuse to give second reading because it is not a bill that is good for Canada and it is not a bill that is good for Colombia.

I have previously stated in the House some of the most egregious aspects of this FTA. As we know, the CCFTA consists of three parts. There is the main FTA text but there is also a labour side agreement and an environmental protection side agreement.

The areas of concern are as follows: First, this agreement shows a failure on labour rights protection. Colombia is one of the most dangerous countries on earth for trade unionists. They are regularly the victims of violence, intimidation and even assassination by paramilitary groups linked to the Colombian government.

The CCFTA does not include tough labour standards. By putting these labour agreements, as I said, in a side agreement outside of the main text and without any kind of vigorous enforcement mechanism will not encourage Colombia to improve its horrendous human rights situation for workers but will actually justify the use of violence.

This agreement is also a failure on environmental protection. The environment issue again is addressed in a side agreement and there is no enforcement. Anybody who has ever looked at law, legislation or policy knows that if there is no enforcement it is meaningless. There is no enforcement mechanism here to force either Canada or Colombia to respect environmental rights.

We have seen in the past how agreements like this are unenforceable. For example, I will draw attention to one agreement we all know and that is NAFTA. We have never seen a successful suit brought under the NAFTA side agreement on labour.

Another aspect of the agreement that is problematic is the investor chapter 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. This is particularly worrying because of the many multinational Canadian oil and mining companies in Colombia.

The arbitration system that is set up in chapter 11 gives foreign companies the ability to challenge legitimate Canadian environmental labour and social protections. Giving this opportunity to private businesses in Colombia and elsewhere would further erode Canada and Colombia's abilities to pass laws and regulations that are actually in the public interest.

Another area that we find problematic is the agricultural tariffs. Colombia's poverty is directly linked to agricultural development where 22% of employment is agricultural. An end to tariffs on Canadian cereals, pork and beef would flood the market with cheap products. What would this mean? This would mean thousands of lost jobs for Canadians.

Bill C-23 would also seriously destabilize the Canadian sugar industry. Importing sugar from Colombia would threaten the closure of at least one of the Canadian sugar plants in the west and would result in job losses of up to 500 employees and 250 sugar beet growers; all this while at the same time Colombia is not a significant trading partner for Canada. It is our fifth largest trading partner in Latin America; all this while at the same time 2,690 trade unionists have been murdered in Colombia since 1986 and 31 trade unionists alone this year; and all this when nearly 200,000 hectares of natural forest are lost in Colombia every year due to agriculture, logging, mining, energy development and construction, and we are complicit in this.

Free trade does not work in this context. What is the solution?

I would like to share with the House an idea that is familiar to many Nova Scotians and that is fair trade. Just Us! Coffee Roasters Co-Op really brought this idea of fair trade to Nova Scotia. Fair trade is a trading partnership based on dialogue, transparency and respect that seeks greater equality in international trade. It contributes to sustainable development by offering better trading conditions to and securing the rights of marginalized producers and workers, especially in the south.

Fair trade organizations that are backed by consumers are engaged actively in supporting producers, awareness raising and in campaigning for change, change in the rules and practices of conventional international trade, which is what we are seeing with this agreement.

The strategic intent of fair trade is threefold. First, deliberately work with marginalized producers and workers in order to help them move from a position of vulnerability to one of security and economic self-sufficiency. Second, empower producers and workers as stakeholders in their own organizations. Third, actively play a wider role in the global arena to achieve greater equality and equity in international trade.

To put it more simply, fair trade is an alliance between producers and consumers that cuts out the middle man. In this process, it empowers producers and it gives them greater dignity and a fairer price for their products. It provides consumers with high quality products that they know are more sustainable from both a social and environmental point of view.

Just Us! Coffee Roasters is Canada's first fair trade coffee roaster and it is located in the town of Wolfville, Nova Scotia. There are two Just Us! Coffee Roasters shops in my riding of Halifax, one on Barrington Street, which is in the heart of our business district, and the other one on Spring Garden Road, which is very close to the campus of Dalhousie University.

Both those coffee shops are touchstones for our community. They are not only a place to meet friends, a place to buy ethical products and a part of our local economy, but they are also doing more to support our local economy. They offer food prepared by local food suppliers, like Terroir Local Source Catering and Unique Asian Catering, which are small businesses located in the community of Halifax.

I applaud Just Us! Coffee Roasters for leading by example and for showing the country that fair trade is possible. It is my hope that the bill fails and that, instead of rewarding countries that fail to recognize human rights, we work with them to develop trade in a fair and equitable way.

Those are the reasons that I stand in opposition to Bill C-23.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:25 a.m.
See context

NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, I thank my colleague for her very good speech and offer some solutions to our trade policy.

I would like to ask her a question with regard to the ideological slant of the Conservatives who are pursuing this. They often talk about how tough they are on crime and how tough they are on drugs and that whole agenda here in Canada, but at the same time they are willing to open up our borders for a privileged trading relationship.

What we really need to emphasize is that we do have trade with Colombia right now. It does go on between our two countries and will always go on with regard to a number of different goods and services. However, what we are doing is considering a privileged trading relationship that is the exception. This is with a narco state that has not only human rights issues with trade unionists but also drug production that ends up in Canada.

Does the member know why the Conservatives, who pretend to be so tough on crime and drugs, would want to engage in a privileged trading relationship with such a narco state?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:25 a.m.
See context

NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, that is an excellent and very insightful question about bringing down the crime control issue with international trade.

It is all smoke and mirrors. We are tough on crime and free trade is good for everybody. If we say it often enough, it does not make it true.

I worked with a young man in my community of Halifax who said to me, “My dad sold rock and my uncle sold rock. What am I supposed to do? All I know how to do is sell drugs on the street corner. I don't know how to make a resumé. I don't know how to show up on time for work and communicate appropriately with my boss. We need programs to help me understand how to get a job but also how to keep a job”. We are not listening to the experts, the experts being the kids on the street who need assistance.

I will point out that our international trade critic has worked directly with people in Colombia and has asked them what they think of this free trade agreement. The experts, the people on the ground, are saying that trade unionists are being killed on the shop room floor and that the agreement is bad for their environment and their country.

The problem is that we have a government that refuses to listen to the real experts, the experts who are actually being impacted by the laws that we are arbitrarily drafting in some back room in the House of Commons. It makes no sense. We need to talk to Colombians about what they need. We need to talk about youth on the street who are at risk to find out what they need. That is how we should move forward on both of these issues.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:30 a.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, my hon. colleague from Halifax gave her usual ground level speech about an initiative in the House. I wonder if the member could speak to another side of this proposed so-called free trade agreement, a free trade agreement that is free of any conditions to protect the environments of Canadians or Colombians.

Every time we raise concerns about the government's failure to act on environmental protection measures and climate change, it speaks of balance, and yet this agreement and the side agreement on the environment has severely pared back any environmental conditions as found in the agreement that we have with Mexico and the United States.

Does the member think that environmental conditions are just as important to fair trade?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:30 a.m.
See context

NDP

Megan Leslie NDP Halifax, NS

Madam Speaker, I thank my colleague for her counsel and mentoring on environment issues. She is doing an excellent job of representing environmental issues in the House.

I agree with her wholeheartedly. I would come back to the fact that the environmental regulations are a side agreement. They are not included in the main body of the text to show they are important to the government. There also are no enforcement mechanisms, which means it is completely meaningless. We cannot do x and, if we do x, nothing will happen. It makes no sense. We need something that is enforceable and we need it to be in the main body of the agreement.

As for her question about whether the environment should be considered when it comes to fair trade, I say, wholeheartedly, yes. We will see that. I used Just Us! Coffee Roasters as an example. Not only is it about fair trade but it is looking at shade-grown beans, which are more ecologically sustainable, and it is looking at the impacts on the environment in all of the countries where it works.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:30 a.m.
See context

Bloc

Robert Vincent Bloc Shefford, QC

Madam Speaker, I could say I am pleased to rise here today, but the truth is, I am not.

I do not understand how a government can introduce a bill in the House of Commons that aims to implement a free trade agreement with Colombia. I find it shocking. It is appalling that a government should favour the mining industry at the expense of human rights in Colombia.

First of all, people here have spoken out to say that this agreement favours the mining industry in several ways. The agreement's provisions have been explained in a number of documents. Colombia is one of the main countries where the mining industry can still mine coal.

If a mine is established in the middle of a village, mining companies have no problem displacing all the people. As we all know, anyone who resists will be killed. Is that what we want? Does Canada want to send a message to the entire world that it cares more about an industry than about people? We want to protect those people. This kind of situation cannot be tolerated by Canadians.

Human beings have rights, workers have rights and children have rights, such as the right not to work and not to be exploited. We do not let companies break the rules here, but we are ready to help them do it elsewhere. I am dumbfounded by this. Moreover, so many crimes go unpunished in Colombia as a matter of course that human rights groups believe there is collusion between Colombian politicians and paramilitary forces. At this very moment, more than 30 members of the congress are under arrest in Colombia. I do not think that Colombian parliamentarians, as a group, are particularly trustworthy. I have said it before, and I will say it again: I do not understand how a country like Canada can pursue free trade with Colombia without a thought for the Colombian people. It is beyond comprehension.

The Conservative government would have us believe that things are much better than they used to be. But that is not what we have been reading and hearing about what is going on in Colombia. We have been hearing that in 2008 the number of crimes committed by paramilitary groups rose by 41%, compared to 14% the year before. That means that in 2008, the paramilitary crime rate surged by 55%. Is that what we want to be a part of? Are these the people we want to help?

Maybe everything is fine and dandy in Colombia, but there is one thing I do not understand. The Conservatives should listen carefully, because I did not make this up. It is right there on Foreign Affairs and International Trade Canada's website. The website recommends that people avoid all non-essential travel to the city of Cali and most rural areas of Colombia because of the constantly changing security situation and the difficulty for the Colombian authorities to secure all of its territory. And where do these mining companies operate? In rural regions.

We are told that everything is fine and that we should trade with Colombia, but on the other hand, Foreign Affairs and International Trade Canada tells us that we should not go there because it is dangerous. It is dangerous for the people of Canada and the people of Colombia, but for the mining industry alone, it is not dangerous. That industry faces no danger, because it hires the paramilitary forces and does business with them. I will come back to Foreign Affairs later.

The government is going to tell us at some point that Canada does business with Colombia and that it does good things. I will tell hon. members what it does with Colombia. Canada buys only raw materials from Colombia. Energy products accounted for 31% of exports in 2007, while agricultural and agri-food products accounted for 58%. It is the mining industry that the government wants to protect. Canada buys a total of $138 million worth of coal and related products, $115 million worth of coffee, $72 million worth of bananas and $62 million worth of cut flowers. That is our trade with Colombia. Is it profitable for us? No, it is not. Can we do without it? Yes we can.

I repeat, and this is the important point in the free trade agreement with Colombia, the only thing we do not want is for Canada to take the people of Colombia hostage in an effort to promote the mining industry. That is what the government is trying to do. I totally disagree with giving even two minutes' thought to helping an industry to the detriment of a people. It is unfair. It is unthinkable.

I return to the subject of Colombian exports. They do not come from urban regions. They come, rather, from Colombia's most remote rural regions. It is here, in these remote regions, that the greatest wealth of natural resources is to be found, but it is here, too, that the most violence is to be found. To continue in this vein, it is here that 87% of the forced population displacements occur, as well as 82% of abuses of human rights and international humanitarian law and 83% of the murders of union leaders. Continuing on, according to the Canadian Council for International Cooperation, this would lead one to believe that there is substantial evidence that Canadian investment in these regions of Colombia is linked to human rights violations.

I am not making that up. It is taken from a report of the Standing Committee on International Trade of June 2008 on concerns over the effects on the environment and human rights in connection with the free trade agreement with Colombia. I can go even farther than that. It is clear and simple. A group from the Standing Committee on International Trade carried out studies to find out whether, through the free trade agreement, something could be done in support of human rights and the environment. Democracy here in this House is not the kind of democracy that should be copied around the world, and I will tell you why.

This government authorized the Standing Committee on Foreign Affairs and International Development to go and see what was happening in Colombia in order to prepare a report, including conclusions on the free trade agreement. The members did not even get time to draft the report before the government signed the free trade agreement with Colombia. Is that the sort of democracy they want in this House? They ask people to prepare a report and then ignore it. Is this the government Canadians and Quebeckers want here? I do not think this is the answer.

I want to continue from where I left off. There was talk of areas where a high degree of caution is required. The exception to this would be some parts of the coffee growing area near Bogotá and resort areas with established tourist industries. People should avoid travelling to Colombia.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:40 a.m.
See context

Bloc

Josée Beaudin Bloc Saint-Lambert, QC

Madam Speaker, I want to thank my colleague for his speech on free trade between Canada and Colombia. I completely understand his passion and interest in this subject.

I would like him to elaborate on the fact that the government is eliminating the possibility of pressuring Colombia into respecting human rights in that country, and why the government is eliminating this possibility.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 10:40 a.m.
See context

Bloc

Robert Vincent Bloc Shefford, QC

Madam Speaker, I want to thank my colleague for her question, which I will answer in a roundabout way.

We want this government to take responsibility and exert pressure for human rights in Colombia, but it is not even capable of doing so here at home. I am referring to the older worker adjustment program, but the government is not interested in older people. It wants to grant an additional 5 to 20 weeks of employment insurance benefits for those people who lose their jobs, instead of introducing a program for older worker adjustment, or POWA.

How can we trust a government that is not even willing to help its fellow citizens who live here and pay taxes?

What makes us think that this government could have any influence on human rights in Colombia when it does not even respect them here?

Worse yet, the government will not even adopt anti-scab legislation to prevent people from replacing workers who are on strike. How are we to believe that it has any consideration for people in another country?

The only thing Canada wants to achieve today, with this free trade agreement, is to open the door for the mining industries to operate mines in Colombia. The government will make things easier for them by doing nothing to help that country and by doing nothing to help people who, like hostages, have to work for these companies.