Mr. Speaker, I appreciate the fact that we are diving into the investor-state provisions. I thank my friend for mentioning the ones under chapter 11 that we have already lost.
One of the most recent decisions that I think is particularly egregious was a split decision, two arbitrators against one, in the Bilcon decision, a U.S.-based open-pit quarry company. Bilcon is from New Jersey. It wanted to do open-pit mining in Digby Neck, Nova Scotia to get material to build highways in New Jersey, but it threatened extinction to one of the most endangered whale species on the planet, the right whale.
The Canadian arbitrator in dissent said of the Bilcon case, “a chill will be imposed on environmental review panels, which will be concerned not to give too much weight to socio-economic considerations”. It goes on about some of the details of the case and continues with “the decision of the majority will be seen as a remarkable step backwards in environmental protection.”
This is the kind of thing that happens in secret tribunals where there has been no offence under Canadian law. A Canadian corporation would have no right to complain, but Bilcon of New Jersey was able, under chapter 11 of NAFTA, to sue Canada for $300 million.
I would ask my colleague if it is not time to actually open up all of the investor-state agreements, stop taking on new ones, such as in the TPP, and take investor-state out of the comprehensive economic trade agreement.
It is the number one reason why I do not believe CETA will ever be, in its current form, ratified sufficiently in the EU to enter into effect. It is because of this kind of impact, of which Canada has been a major victim in investor-state agreements.