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Crucial Fact

  • Her favourite word was agreement.

Last in Parliament March 2011, as Independent MP for Simcoe—Grey (Ontario)

Lost her last election, in 2011, with 14% of the vote.

Statements in the House

Settlement of International Investment Disputes Act May 15th, 2007

Mr. Speaker, it is with great pleasure that I speak at second reading of Bill C-53, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The convention is an international treaty establishing the International Centre for the Settlement of Investment Disputes, ICSID. Bill C-53 will implement the ICSID convention for Canada.

Allow me to give hon. members of this House, first, a description of what ICSID is, second, an overview of the bill and what it does, and lastly, an explanation of the benefits of this convention for Canada and Canadian businesses.

ICSID is an organization devoted to the resolution of international investment disputes between states and nationals of other states through arbitration and conciliation.

ICSID provides mechanisms for arbitration and conciliation of such disputes provided that both the state of the investor and the host state are parties to ICSID. This means that once Canada ratifies ICSID, a Canadian investor abroad in any of the 143 countries that have already ratified ICSID may have recourse to ICSID to resolve disputes that may arise with the country in which it is doing business.

ICSID is a highly reputable World Bank institution based in Washington, D.C., and one of the most frequently used institutions for investment arbitrations.

ICSID and international investment arbitration have traditionally been used in cases of expropriation or nationalization. A hypothetical example is a takeover by a host government of a Canadian business exploiting natural resources such as oil or minerals. Such an expropriation may represent a substantial loss for the investor and fair compensation is not always easily obtained.

However, the Canadian investor may have insisted on an investment agreement with an ICSID arbitration clause before investing, or Canada may have an investment treaty with the host government making reference to ICSID arbitration. If so, once Canada ratifies ICSID, the Canadian investor owning the business will have the right to use ICSID arbitration to pursue fair compensation for its losses before an independent arbitral panel.

ICSID provides an efficient, enforceable mechanism for such dispute resolution. This is why our government believes ICSID is a good way to protect Canadian business and its investment in foreign countries. It also complements our investment protection treaties and existing arbitration clauses in investment contracts of Canadian businesses.

Bill C-53 will implement this convention. This bill needs to be passed before Canada can ratify the convention. This bill will make an ICSID award enforceable in a Canadian court. It will ensure that persons using conciliation under the convention cannot abuse that process. This bill also provides for governor in council appointments of persons to ICSID lists of potential panellists and it provides privileges and immunities as required by the convention.

The key provision making ICSID awards enforceable is clause 8, which states:

(2) The court shall on application recognize and enforce an award as if it were a final judgment of that court.

This provision will apply to an ICSID award for or against Canada or a foreign government. This provision is the key to the ICSID system for enforcing arbitration awards.

An ICSID award is reviewable by an ICSID tribunal, but not by national courts. Once final, an ICSID award will be recognized and enforced in Canada as if it is a final judgment of a Canadian court.

While Canada will be giving full effect to awards, in turn the convention guarantees similar enforcement in all states that are party to ICSID. Thus, Canadian businesses with an ICSID award in their favour have a very powerful tool to ensure the award is paid. This ensures the protection of their rights and interests in foreign countries.

There are three important related provisions. Clause 6 makes the act binding on the Crown. This ensures that awards against the federal government can be enforced.

Clause 7 prevents a party from seeking court intervention by way of judicial review applications or applications to a similar effect. A party cannot therefore attack the validity of a final ICSID award.

Clause 8 also gives all superior courts, including the Federal Court of Canada, jurisdiction to enforce ICSID awards.

The provisions with respect to conciliation are brief. Clause 10 ensures that the ICSID conciliation process can be conducted in a manner that is without prejudice to the rights of the parties. In other words, testimony given during conciliation cannot be used in other proceedings. This gives investors a further option to ensure their rights are respected.

I should also mention that the bill proposes provisions ensuring the required privileges and immunities for the centre, its employees and its arbitrators. Such immunities guarantee the independence of the tribunal when seated in Canada.

As I indicated before, once adopted, the settlement of international investment disputes act will allow Canada to ratify the ICSID Convention. In today's world, there are many situations where Canadian businesses could be significantly harmed by foreign governments' activities or decisions.

Canadian businesses are increasingly active in foreign markets. They invest in foreign countries by buying plants, establishing new businesses or acquiring rights to natural resources, for example. While disputes with foreign governments affect only a small portion of the $465 billion in assets owned by Canadian investors abroad, when disputes do arise, mechanisms such as ICSID are necessary to ensure that the dispute is resolved fairly and efficiently.

We as a government have worked hard to promote Canada abroad, facilitate the free flow of international investment and help Canadian businesses succeed abroad.

To date, Canada has negotiated 22 foreign investment protection and promotion agreements, or FIPAs, and is actively negotiating others. These agreements provide for investor state dispute settlement by means of arbitrations.

ICSID arbitration is an option under these agreements but only if both countries are party to ICSID. These agreements create a more predictable and transparent climate for Canadian investors abroad by setting out rules for the treatment of investors and offering dispute settlement to adjudicate claims when their rights have been violated.

Canadian investors who need to use dispute settlement to enforce their rights, whether those rights exist pursuant to a FIPA, an FTA or an investment contract with an arbitration clause will welcome this bill. Promoting fair trade rules and equitable treatment for our businesses must go hand in hand with efficient dispute resolution mechanisms that allow investors to obtain redress.

We have proposed this bill today to pave the way for ratification of the ICSID Convention. Canadian businesses demand that Canada join this important convention to ensure protection of their investments abroad and because it is consistent with our foreign trade investment policy.

This convention entered into force in 1966, over 40 years ago, and 143 states have ratified the convention, including most of our major trading partners. This represents virtually three-quarters of all the states in the world. By way of comparison, there are 191 states that are members of the UN.

The ICSID Convention represents one of the most ratified treaties in the world and Canada is not yet a party to it.

This government is committed to fair international trade rules. We are committed to protecting Canadians' interest throughout the world and this is why we take action today for the implementation of the ICSID Convention.

Canadian businesses support the adoption of this convention. The convention is good for investment in this country, as well as Canadian investors abroad. It ensures efficient resolution of disputes between governments and foreign investors. Those are the reasons that our government presents Bill C-53 for second reading.

Settlement of International Investment Disputes Act May 15th, 2007

Mr. Speaker, I wish to split my time with the member for Macleod. I would ask for unanimous consent.

May 2nd, 2007

Mr. Speaker, it really is unfortunate that far too often the members of the Liberal Party have to resort to personal attacks when they find they are losing arguments.

The simple fact of the matter is that the Government of Canada has an arrangement with the government of Afghanistan and with the Afghanistan Independent Human Rights Commission. There is an investigation going on with regard to these allegations, but they are general allegations that have been received, I remind the hon. member, since 2002, and four out of five reports in which allegations were received were under the Liberal Party. The Liberals did absolutely nothing with these allegations.

What we see from the members of the Liberal Party is that they continue to take the side of the Taliban detainees, to take their word of allegations of being mistreated as the gospel truth, and they choose to ignore what our brave Canadian men and women are saying. It is unfortunate.

May 2nd, 2007

Mr. Speaker, in responding to the hon. member's question, it would be useful to begin by recalling the purpose of Canada's engagement in Afghanistan. We are there contributing to a UN-sanctioned, NATO-led mission to help Afghanistan rebuild its society, institutions and economy.

Sixty countries in the international community helped developed a plan for Afghanistan. Called the Afghanistan Compact, it belongs to the government of Afghanistan. There are 37 countries on the ground that are implementing the plan at the request of the Afghanistan government.

Canada is there to help provide a secure environment in which development and democracy can flourish and to help restore hope to the Afghan people.

As Canadian Forces help provide security, inevitably they will detain individuals suspected of engaging in insurgent, criminal or terrorist activities. These individuals are transferred to Afghan authorities under the December 2005 arrangement negotiated by the previous Liberal government. This includes a commitment to treat detainees humanely.

Despite being in Afghanistan since 2002, and despite having received four out of five Afghanistan reports, the previous Liberal government did absolutely nothing to develop a policy for detainees until one month before they were fired by Canadians.

It will be our government that will improve this arrangement. In February, Canada strengthened its partnership with the Afghanistan Independent Human Rights Commission, a body designated under the Afghan constitution to monitor human rights in Afghanistan.

This enhancement, which the Liberals did not do, came through an exchange of letters. These letters allow Canada to notify the Afghanistan Independent Human Rights Commission of transfers, and the Afghanistan Independent Human Rights Commission to inform Canada if it learns of detainee mistreatment by Canada, and also the Afghan authorities.

The choice of the human rights commission is consistent with Canada's efforts to reinforce Afghanistan's sovereignty, strengthen governance and improve the rule of law. Moreover, this arrangement helps support indigenous institution building, something that Canada strongly supports.

Canadian representatives have worked with Afghan authorities to ensure that the human rights commission obtains access to facilities where detainees transferred by Canadian Forces are held. In addition, Canada is exploring ways of providing further support to the human rights commission, including capacity building and logistical and technical assistance where appropriate, to help the Afghanistan Independent Human Rights Commission fulfill its important role.

For example, Canada has been deeply engaged in assisting the democratically elected government of Afghanistan to build its own justice, policing and correctional systems since 2002. Let us remember that this is a country that has had 30 years of tyranny.

Currently this includes mentoring, training and capacity building for the Afghan national police and the Afghan prison system. Officials in our Department of Foreign Affairs and International Trade, as well as the RCMP and Correctional Service Canada, are also stationed in Kandahar to help provide such support.

The allegations that have been made about the treatment of detainees in Afghanistan are taken very seriously by the Government of Canada. Let us remember that these are allegations that are made by Taliban alleged terrorist detainees.

Afghanistan May 2nd, 2007

Mr. Speaker, our military on the ground in Afghanistan, our brave men and women, take their job and their role very seriously. They are working very hard and they are conforming with international law.

What is so hard for the hon. member and the opposition to understand? Why is it so difficult for them to trust our Canadian brave men and women?

Afghanistan May 2nd, 2007

Mr. Speaker, obviously the member did not hear me when I quoted the Liberal member for Vancouver South as to what he had to say about the agreement that the Liberal Party put in place a month before it was fired. He said:

I agree that it is an important agreement and it is one that is quite good in many respects.

The involvement of the International Red Cross or the Red Crescent as an independent third party is very important because it can then follow the prisoners and ensure they are treated well and appropriately in accordance with the Geneva conventions. The agreement makes reference to the Geneva conventions and that is important for us to recognize.

Again, that was the Liberal member for Vancouver South.

Afghanistan May 2nd, 2007

Mr. Speaker, there have been many allegations. I remind the hon. member that there were five reports on Afghanistan, four of them were delivered to the previous Liberal government, with which it did absolutely nothing. There were general allegations within all of those reports. There are no specific details or specific evidence to support any of the allegations made by Taliban alleged terrorist detainees.

Why do the hon. member and the opposition parties continue to take the word of the Taliban detainees over our Canadian brave men and women?

Afghanistan May 2nd, 2007

Mr. Speaker, again, I can confirm for the member that Canadians are respecting their obligations under international law. Canadian brave men and women are doing an excellent job in Afghanistan. We have relationships with the Government of Afghanistan and the human rights commission to ensure there is an investigation. We will work closely with them.

Afghanistan May 2nd, 2007

Mr. Speaker, what is pathetic is the fact that it took the Liberals four years to put a policy in place, and it was only done a month before Canadians fired them. We have quotes and evidence that they support the agreement they put in place, and now they have decided it is not good enough.

It is this Conservative government that is going to enhance this policy.

Afghanistan May 2nd, 2007

Mr. Speaker, I have with me a quote dated April 10, 2006, by the member for Vancouver South, who said he had read the agreement and reviewed it:

I agree that it is an important agreement and it is one that is quite good in many respects. The involvement of the International Red Cross or the Red Crescent as an independent third party is very important because it can then follow the prisoners and ensure they are treated well and appropriately in accordance with the Geneva conventions. The agreement makes reference to the Geneva conventions and that is important for us to recognize.

That was said by the MP for Vancouver South.