Mr. Brison, can I respond to your premise?
It's difficult to argue that this mechanism has been of any utility to Canadian investors. We have lost every single case that we have brought against the United States. Until recently there were no cases against Mexico, though I'm not absolutely current in that regard. If you look at the cases we brought against the United States, they were arguably as meritorious, perhaps more so, than the successful cases that have been brought against Canada. I'm thinking of Loewen in particular. A jury in Mississippi ordered a $500 million damage award against Loewen because of some dispute involving $1.5 million. It actually put the company into bankruptcy, because under state law it didn't have the money to appeal, which would have meant posting a bond.
There have been very meritorious cases brought against the United States, even though I'm no fan of the mechanism, and we lose. The cases brought against Canada succeed. Why would that be? Why asymmetrical results? I think there are two reasons for this. These are private tribunals, and they get paid extremely well. If they want ongoing business, they have to find occasionally in favour of disputing investors. If they find against the United States, I think they understand they risk killing the goose that's laying the golden egg, because Congress wouldn't put up with it.