The B.C. First Nation behind a injunction lawsuit to block a controversial trade agreement with China said yesterday it has reached an important milestone in the case, with affidavits filed from several other bands and organizations across Canada this week.
Flanked by the leadership of the Union of BC Indian Chiefs (UBCIC), and representatives of major labour unions, environmental and pro-democracy groups, Hupacasath First Nation vowed to continue pushing for consultations before the federal government ratifies its Canada-China Foreign Investment Promotion and Protection Agreement (FIPA).
“The FIPA, if ratified, would affect First Nations' rights and title, and will affect the ability of provincial and municipal governments to protect their citizens,” said Hupacasath First Nation Councillor Brenda Sayers at a UBCIC press conference yesterday. “We're demanding the government of Canada consult with First Nations people.
“Many of our First Nations already live in poverty. It is our opinion that this will create more poverty.”
One concern is the deal's proposed investor-state dispute resolution process, which critics liken to allowing corporations to sue governments over “lost profits,” even if they are caused by environmental or health regulations.
The groups also railed against the FIPA, like other international trade agreements, being hammered out in secret. And others argue there is too much risk in being locked into the deal's 31-year span.
“This insidious agreement was negotiated behind closed doors, in secret,” said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs. “This is a serious issue of major concern to First Nations people across this country.
“It violates and undermines treaties across this country [and] represents a very real and genuine threat to the interests of First Nations here in British Columbia ... You cannot buy, sell or barter what you do not own. The Government of Canada, the provinces, and the corporations do not hold title to the lands and resources comprising this country and province. That falls within the purview of the indigenous peoples of this country.”
But a spokesperson for International Trade Minister Ed Fast told Ha-Shilth-Sa that the agreement in no way poses a risk to aboriginal rights or the environment.
“This agreement does not impair Canada's ability to regulate and legislate in areas such as the environment, culture, safety, health and conservation,” Rudy Husny said in an email. “FIPA contains the exceptions found in our other treaties that preserve policy flexibility for certain sensitive sectors and activities, including rights or preferences provided to aboriginal peoples.”
Husny denied that the deal is unusually secretive, saying the Conservatives brought “greater transparency” to the process of reviewing international treaties, for instance a 2008 policy requiring deals to be tabled in the House of Commons before coming into force.
“Curiously,” he added, “the NDP and Liberal Party had no less than four different opportunities to debate the Canada-China FIPA in Parliament. They chose not to.”
Chiming in on the controversy over the trade pact–which critics warn could lock Canada into a deal for 31 years or face penalties–the Chiefs of Ontario submitted an affidavit alongside UBCIC and several other bands in support of Hupacasath's lawsuit.
“Instead of fostering trade and investment, this FIPA will only serve to increase tension and conflict on the ground,” said Ontario Regional Chief Stan Beardy, head of the Chiefs of Ontario, and Grand Chief of Nishnawbe Aski Nation. “All lands, waters, and other resources in Ontario are subject to international treaties between First Nations and the Crown.
“They are premised on the sovereignty of First Nations and, among other things, they guarantee equitable sharing of lands, waters, and all other resources. The open-ended investment preferences and other protections in favour of China contained in the FIPA are certain to lead to conflicts with First Nation governments. This will occur in key sectors such as mining, forestry, and hydro-electric development.”
Sayers addressed concerns that opposition to the deal could be construed as anti-development or anti-Chinese, stating: “We realize the people of China share the same concerns about their children's future that we do.”
The councillor said her nation launched the case last month not only for its members, who are currently in negotiations towards a treaty, but for other First Nations who have or hope to have their own treaties, and for all Canadians.
“As more and more Canadians learn about this extreme trade deal, more Canadians are standing with Hupacasath,” Sayers said, adding her concern about the deal's impact on current treaty negotiations. “It is a concern that we have for the people of today, and for future generations, for the resources that will be extracted from our traditional territories and our sacred sites.
“It appears that this treaty will more than likely override the rights of those treaties that were negotiated in good faith with the government years ago.”
Canada has already signed FIPAs with 14 countries, and is currently negotiating 12 more. Husny said the deals are designed to facilitate stable investments between signatories.
“Canada’s Foreign Investment Promotion and Protection Agreement with China–the world’s second largest economy–will provide stronger protection for Canadians investing in China, and facilitate the creation of jobs and economic growth here at home,” he explained. “This treaty is designed to protect and promote Canadian investors in China through stable, predictable rules and protection against discriminatory and arbitrary practices.”
