Mr. Speaker, the hon. member paints a glowing picture of the triumph of chapter 11 but she may not be aware of the fact that the International Institute for Sustainable Development just released a very damning report on the impact of chapter 11.
Professor Howard Mann said that the current interpretations of NAFTA's chapter 11 could have a significant and determinative negative impact on government decision making in relation to the public interest.
They already have. The study points out that chapter 11 has been used to challenge the only two major federal environmental laws that have been passed since NAFTA came into force in 1994. One of those laws subsequently was repealed and compensation was paid. That was in the case of the Ethyl Corporation and MMT. In the second case, the S.D. Myers case, the damages award was pending.
I have a question for the hon. member. If chapter 11 investor state provisions are working so well, why is it that the International Institute for Sustainable Development and others are telling us not to duplicate them in the FTAA?