Mr. Speaker, I do not understand why my colleagues are so anti-American in their approach to the legislation. We are talking about the World Trade Organization implementing legislation in terms of Canada and Canada's obligation to the international community. Since they mentioned section 102(a)(1) of the American implementing legislation I should like to suggest to my colleague that this action only reflects a congressional view that necessary changes in federal statutes should be specifically enacted rather than provided for in blanket pre-emption of the federal statute by the agreement.
Canada's legal regime is similar in that respect. Actually under our Canadian domestic law Canadian legislators have precedence over our international obligation in case of conflict unless specifically provided otherwise in the legislation. This is as a result of basic Canadian constitutional law.
The section which was quoted, section 102(a)(1), does not reflect U.S. intentions to apply domestic law in contravention to its World Trade Organization obligations or have recourse to its domestic legislation to unilaterally enforce World Trade Organization obligations against other countries.
Irrespective of this section the U.S. will be bound by its World Trade Organization obligations under international law. Those obligations could be enforced under the dispute settlement mechanism if need be. This provision of the U.S. implementing legislation does not represent any threat to Canada.
We are recommending rejection of the motion as proposed. Subparagraph 8.2, depending upon its interpretation, could have important constitutional implications. The bill does not intend in any way to introduce legislation which would impact on provincial legislation. The paragraph could be seen as an intrusion by Parliament into provincial jurisdiction. In subparagraphs 8.3 and 8.6 there is no need for these proposals.
Under Canadian constitutional law our international obligations become part of Canadian law only to the extent of their implementation by Parliament. No international agreement can prevail over Canadian law unless Parliament specifically legislates to that effect. There is nothing in the bill that gives precedence to the agreement. Therefore our basic constitutional law will continue to apply.
Subparagraph 8.4 is contrary to our international obligations. The sole purpose of the bill is to approve the World Trade Organization agreement and to implement obligations under the agreement. It is necessary to amend and modify existing Canadian statutes to implement those obligations and to allow Canada to become a full member of the World Trade Organization.
Subparagraph 8.5 proposes to introduce a federal-provincial consultative mechanism for the purpose of implementing the agreement. This mechanism is already in place and is very efficient. Therefore we see no need to legislate on the matter.