I have a slightly different opinion than that of my two colleagues. In the case of Équiterre, the primary objective of chapter 11 should not be to increase investment in Canada. International trade agreements should not place private interests above the responsibility of governments to protect the environment and public health. To the extent that trade agreements fulfil that responsibility, they can take into consideration investor protection. But one responsibility takes precedence over the other, and that is protecting public health and the environment.
On March 24th, 2009. See this statement in context.