I volunteer with the People's Climate movement because I care deeply about the environment that we'll leave to our children and future generations. We are very concerned that the dispute settlement provisions of the TPP will impede the ability of the government to take decisive action on climate change and to make good on commitments to reduce greenhouse gas emissions.
Lawsuits brought by foreign corporations against the Canadian government can derail new environmental policies. Tribunal decisions under the ISDS mechanism can require huge payouts to corporations with no recourse for appeal, and even though the government may have deep pockets, it does come from our taxes.
Also, the chill effect can prevent governments from even pursuing new environmental policies. Just the threat of a lawsuit can be enough to make a government back off, and we've come to this conclusion by looking at cases under NAFTA. It's very clear from NAFTA and other trade agreements that this will happen.
I can only hope that before any vote is taken on the ratification of the TPP the government will seriously consider three questions related to environmental protection.
First, the Liberal government promised to grow “an innovative and clean economy”. How can the Canadian government incentivize growth in Canadian clean tech industries, jobs, and products without being sued by foreign corporations if the TPP is ratified?
Second, how will government decisions taken under federal and provincial, and maybe even municipal, environmental protection laws be safeguarded from investor-state legal challenges?
Third, regarding action on climate change, in order to reduce Canada's greenhouse gas emissions—which we have committed to—the government will have to adopt new policies. If these new climate policies undermine foreign profits, how can Canada meet its goal to reduce greenhouse gas emissions without facing prohibitive investor-state settlement payouts?