Further, in this treaty, states have no ability at all to file counterclaims against corporations. The entire process is only accessible to foreign investors.
For example, from a worker's perspective, foreign investors can bring their own dispute directly to tribunals, but the labour chapter explicitly notes that workers are dependent on the state to bring claims forward to uphold their rights. This is concerning for some obvious reasons, not the least of which for us—as the union that led and won, thanks to this government, the fight for unions here in Canada to have the right to file our own trade complaints on behalf of our members, but also in general—is when we see some of the recent and deep restrictions in Ukraine on workers' rights. The labour rights of 94% of Ukrainian workers have all but been abolished, including the elimination of their right to organize.
Moves like these, as well as others endorsed by the ISDS, push Ukraine further away from the principles and norms of European legislation and ILO conventions, as well as the conclusions of scientists and experts. The often lauded conditions within the agreement promoting human rights and environmental due diligence have no teeth.
I hope we can all agree that, when engaging in bilateral agreements, Canada should be looking to improve human rights, including labour rights and working conditions.
As it has been noted by many other witnesses, there is still time to get closer to that goal and remove the ISDS. With CETA and CUSMA as recent examples, we know it's possible. Besides, why else are we all here if not to make this agreement as strong and as good as possible?
Thank you very much.