Mr. Speaker, I found the specific case very interesting, but the member has raised a point about chapter 11. I guess the rhetorical question is whether or not there is any confidence that the NAFTA dispute resolution mechanism works.
I do note that the ICSID option is already available and exists under NAFTA, but it is only available where the state making the investment and the state in which the investment is located both are parties to ICSID and to NAFTA. The only NAFTA partner that is a member of ICSID right now happens to be the United States, so that is not applicable.
Should Canada become a member, even under NAFTA the ICSID option would then be available, which is kind of interesting, because it basically provides that in countries where Canadian investors might lack confidence in the court system, which is part of the story the member has raised, there is ICSID's prohibition on court review, which, with its links to the World Bank as well, actually would appear to significantly improve the prospects of any arbitral award to be enforced.
I am not sure how the member feels about that, but it would appear that it means options for Canada.