Before NAFTA, things were very simple: a company that thought it had been wronged had recourse, but it had to ask the government of its country of origin to act on its behalf. Right now, in the proposed agreement, multinationals and states are on an equal footing.
According to the report of the United Nations Conference on Trade and Development, or UNCTAD, which dates back to 2013, states won their case 40% of the time, and businesses won 31% of the time. The rest of the time, out of court settlements took place. This means that in about 58% of the cases, for-profit companies have been able to successfully oppose the democratic will of the people, or the will of lawmakers, in whole or in part.
How can Canada justify this position?