Good morning, Madam Chair and committee members. Thank you for having us. My colleague Chris Roberts will join me if there are any questions.
Thank you for the opportunity to appear before you today. It's a pleasure for us to be here.
The Canadian Labour Congress is Canada's largest central labour body. The CLC brings together some 50 national and international unions across Canada. As well, it gathers together 12 provincial and territorial federations of labour and 100 labour councils across the country. The CLC speaks on issues of national importance for three million unionized men and women. These individuals work in the public and private sectors, and in both trade-exposed and trade-sheltered industries.
The CLC perspective on international trade is that Canada has always been a trading nation. It is a small, open economy relying on exports. The CLC has always advocated for fair trade as opposed to free trade. In our view, international trade and investment rules should foster inclusive, equitable and sustainable economic growth. Trade rules should boost employment and real incomes, not destroy jobs and raise the cost of living. They should, of course, lift incomes and improve working conditions, not drive them down.
They should reduce inequality, not worsen it. They should encourage and reinforce the capacity of governments to pursue full employment and regulate in the public interest, not erode or curtail these powers. They should be designed transparently and with public involvement and debate, and not behind closed doors with multinational investors calling the shots.
In other words, international trade agreements should first and foremost serve the interests of working people and ordinary residents of Canada. Trade agreements should be an opportunity to strengthen labour and environment protections, toughen safeguards for women and migrant workers, and lift food safety and public health standards.
For far too long, trade agreements have been negotiated hidden from civil society and responding mainly to corporations and investors. The terms of the trade agreements have been about shackling the ability of governments to regulate, invest and spend in the public interest.
I will speak to a trade agreement with the United Kingdom. The Government of Canada has signalled its commitment to negotiate progressive trade agreements with trading partners. In our view, the Comprehensive Economic and Trade Agreement with the European Union, CETA, should not be the standard for negotiating a bilateral trade agreement with the United Kingdom.
In several important respects CETA has been surpassed by the provisions of the Canada-United States-Mexico Agreement, CUSMA. On the investor-state dispute settlement, ISDS, the CUSMA eliminated this dispute settlement mechanism in chapter 11 of NAFTA. In our view, ISDS provisions must be omitted from Canada's future trade agreements. There is no reason that our principle trading partners, particularly rich, industrialized countries with well-developed domestic court systems, need these mechanisms. These arrangements are nothing more than a means for large corporations and investors to curtail and dissuade government regulation for private gain.
Under NAFTA, Canada was sued some 40 times and forced to pay over $300 million in penalties and fees. The majority of these trade disputes involved Canada's environmental laws. This is simply unacceptable.
In our view, there is no need for a CETA-style investment court system allowing foreign transnationals to sue governments outside of the U.K. or Canadian court systems.
On labour rights, from the CLC's perspective, any new agreement with the United Kingdom must include robust and fully enforceable provisions for labour rights. CETA's provisions are not fully enforceable. Instead, they are subject to a non-binding compliance mechanism relying on co-operation and dialogue through a process of consultations and advice from an expert panel.
CUSMA brings labour provisions into the main agreement as a stand-alone labour chapter. As a result, labour rights in CUSMA are fully subjected to the state-to-state dispute settlement process in the agreement. It also commits each country to implement policies that protect workers against sexual harassment and wage and employment discrimination on the basis of sex. This includes discrimination on the basis of pregnancy, sexual orientation, gender identity and caregiving responsibilities. CUSMA includes new provisions committing signatories to take steps to prohibit the importation of goods produced by forced labour, address violence against workers exercising their labour rights, and ensure that migrant workers are protected under the labour laws.
CUSMA also includes a new facility-specific rapid-response mechanism. This mechanism provides for enhanced provisions to ensure effective implementation of labour obligations at covered facilities.
In our view, these labour provisions in CUSMA should be a starting point for Canada's future trade agreements. Future trade agreements should also require signatories to uphold fundamental labour rights in the International Labour Organization's core conventions. These commitments should be fully enforceable.
On pharmaceutical drugs, Canada's spending on pharmaceutical and patent drug prices is among the highest in the world. Canadians already pay far more for prescription drugs and face higher drug prices than their counterparts in most OECD countries. Both agreements, CETA and CUSMA, will contribute further to driving up drug costs by delaying the entry of generic medicines. Any future trade agreements with the United Kingdom cannot aggravate the problem. Pharmaceutical companies must not receive protection at the expense of Canadians.
On climate change, CETA's chapters on “Trade and Sustainable Development” and “Trade and Environment” contain positive commitments on the environment. However, the commitments are not binding, and there are no effective enforcement mechanisms for CETA environmental commitments. For its part, CUSMA is silent on environmental change. Future trade and investment commitments must contain binding commitments to combat climate change. They must avoid ISDS clauses that will directly undermine the ability of governments to live up to their climate change commitments.
On public services, in 2016, European opposition to perceived threats to public services in CETA nearly upended the signing of the agreement. In order to get the deal done, the parties had to craft a joint interpretive instrument containing assurances about the autonomy of governments to provide, regulate, create and expand public services. However, the text of CETA itself does not fully and effectively exclude public services. To correct this, any new trade and investment agreement should include a clear and fully effective exclusion for public service. Such a provision should ensure that all levels of government can create new public services, expand existing ones and reverse privatization, without risking sanctions or compensation claims under trade and investment agreements.
On regulatory co-operation, CETA's “Regulatory Cooperation” chapter and its Regulatory Cooperation Forum aim at limiting regulatory differences between Canada and the EU. These initiatives will target regulations pertaining to food safety and biotechnology, chemicals and consumer and environmental protections.
These regulations are often characterized as impending market access and hindering trade; however, these regulations are often the result of popular and consumer demands for food safety and health and environmental protections.
CETA's regulatory reform discussions also occur in forums that lack transparency and democratic accountability and tend to be dominated by industry and commercial interests. This sort of approach to regulatory co-operation will not inspire public confidence. Canada can and should ensure far greater transparency and democratic accountability in the regulatory chapters of future trade agreements.
In conclusion, our trade relationship with United Kingdom is vitally important. In order to achieve a truly progressive trade agreement governing Canada-U.K. trade, we must have rules that benefit the many, rather than the few. Trade rules must instill confidence in governments' ability to regulate on behalf of working people, and the interests and voices of working people must be included in the development of any agreement.
Recent experience in North America and western Europe has made one lesson perfectly clear. Trade and investment agreements that bring benefits to a small elite, and job losses and declining prospects for working people, will stoke popular resentment and opposition.
Thank you so much. I look forward to any questions the committee members may have.
Thank you, Madam Chair.