Good morning, and thank you for the opportunity to speak at these hearings.
My name is Darlene McIvor, and I am the chair for Unifor Local 2215 and the manufacturing chair of the aerospace sector for the Unifor national executive board. I am also a member of Nova Scotia's north shore chapter of the Council of Canadians.
I wish to start by stating that neither I nor the organizations I represent are anti-trade, protectionist, or opposed to trade agreements. However, I am concerned about the bias inherent in the TPP's investor state dispute settlement provisions, known as ISDS, which create an imbalance between corporate rights and the rights of citizens, workers, and other groups.
Under NAFTA, Canada is considered the most-sued developed country in the world, and all indications are that under the TPP, the frequency will increase.
What seems apparent is that the laws and standards that aim to protect the things we value make us the most vulnerable to suits by foreign investors. This puts our policies around labour, the environment, agriculture, health, and social programs at risk, and threatens our social fabric, our communities, and our national sovereignty.
As a brief example, Bilcon, a U.S. corporation, proposed to construct and operate a quarry and marine terminal in Digby County. In 2007, a joint federal-provincial environmental assessment panel recommended that the project be rejected because of potential negative environmental impacts. Bilcon sued Canada under NAFTA, seeking more than $100 million in damages, and a split panel ruled in their favour. The tribunal concluded that the government's actions frustrated the investor's legitimate expectations and that Canada violated NAFTA's fair and equitable treatment obligations.
In conclusion, I thank the committee again for listening, and I hope that what they have heard in Nova Scotia and across the country will encourage our federal government to reject the TPP and pursue more just and fair trade agreements.