Mr. Speaker, the Green Party's strong opposition is drawn from empirical data and extensive experience, including advice from international lawyers, particularly Canada's leading arbitration lawyer in this area, and the only one who is not personally benefiting from participating in these investor state disputes, Prof. Gus Van Harten, at Osgoode Hall Law School.
His view is buttressed by an EU think tank study called “Profiting from Injustice”, which examines the hundreds of investor state agreement disputes around the world and finds a very distinct pattern. The smaller economic power almost invariably loses, whether it is an investor corporation from the smaller power versus a larger government or, reversing it, a larger government investor suing a smaller country.
The reality is that no U.S. company suing in the U.S. under Chapter 11 of NAFTA has ever won, and the U.S. private sector companies suing Canada have almost always won.