Where the heck is Kenosha and why does it matter?

 

Hardly anyone outside of Wisconsin had ever heard of Kenosha before a Black man, Jacob Blake, was shot by a policeman two weeks ago. The policeman, Rusten Sheskey, a seven-year veteran of the Kenosha Police Department, held Blake’s shirt as he shot Blake in the back seven times while Blake’s children waited in the car.

image: politico.com

I had heard of Kenosha only because I had just finished reading a feature-length article in Harper’s magazine about how Kenosha county where, after having supported Democrats in almost every election for almost every office for forty-four straight years, voters had swung to President Trump in 2016.

Kenosha is critical in the upcoming U.S. presidential elections. As Kenosha goes, so does the country. Democrats have to take back Kenosha and nearby Racine to take Wisconsin. And they have to win Wisconsin to beat Trump nationally. No wonder it’s called “the tipping-point state.”

Wisconsin, before voting Trump, would have seemed familiar to Canadians. In his article for Harper’s, James Pogue says: “Wisconsin had a homegrown tradition of political congeniality and soft egalitarianism that traced its origins to the days of Robert La Follette and the Progressives.”

Similar to the Saskatchewan Roughriders, which the continent’s oldest community-owned professional sports franchise outside baseball, Wisconsin’s Green Bay Packers are the only publicly-owned, not-for-profit, major league professional team in the United States.

Why would a state, so seemingly familiar to Canadians, vote for someone that Canadians generally despise?

The answer is multi-faceted: dwindling union solidarity led to less involvement in the community and a diminished sense of pulling together; betrayal on the part of the Democratic Party; and a fading vision of the American Dream that promised opportunity.

Wisconsinites became disillusioned when both major parties agreed that what was good for the boardroom was good for America. The union jobs of Wisconsin, with the highest wages in America and therefore in the world, went south to states with right-to-work laws and weak unions.

In 1993, President Bill Clinton ratified the North American Free Trade Agreement over the desperate opposition of labour groups and Midwestern Democrats. House majority leader Dick Gephardt called the treaty “a threat to our wages and our standard of living.”

President Obama, who had won industrial counties in Wisconsin by margins that Democrats hadn’t achieved in a generation, promised to expand labour’s organizing power with the Employee Free Choice Act. It was never passed.

Disillusioned, Wisconsinites looked for anyone outside the mainstream. Congressman Mark Pocan told James Pogue: “People thought at first, ‘Oh he’s going to fight China, this’ll help.’  Folks are realizing that no matter how much they thought that Trump was going to support them, it hasn’t turned out better.”

Now Kenosha is the focus of racial tension. Parts of the state are harshly segregated. According to one analysis of recent census data, the quality of life for black residents in Milwaukee and Racine is among the worst in the country.

Supporters of Black Lives Matter and armed young men descended on Kenosha on August 25 in what Kenosha County Sheriff David Beth described a “chaotic, high-stress scene, with lots of radio traffic and people screaming, chanting and running.”

In the mayhem, a Trump supporter, a white 17-year-old with an assault rifle from Illinois, killed two protesters and wounded a third.

President Trump defended the young killer on Monday, illogically claiming that he was acting in self-defense when unarmed protesters confronted the shooter.

Kenosha, a small city the size of Kamloops, will loom large in the upcoming presidential elections on November 3.

 

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Mexico could ease Canada’s cannabis problem

The plan to drive illegal cannabis growers out of business is going slowly.

The problem is supplying enough legal cannabis to lower retail prices. Eventually illegal sellers will be a quaint memory, something like the bootleggers of alcohol of the past. For that to happen, a plentiful supply of cannabis has to be available and it’s going to take years for that to happen with Canadian growers only.

image: Greenhouse Canada

The cost of legal cannabis remains nearly 50 per cent higher than potleggers according to crowd-sourced data obtained by Statistics Canada. The cannabis store Kamloops seems to fairly well-stocked but in some parts of Canada like Quebec, stores have had to close on some days of the week due to lack of supply.

One way to lower retail prices immediately is to reduce taxes; a solution favoured by the cannabis industry. In addition to provincial sales taxes, the federal government charges one dollar per gram excise tax and an annual cultivation fee of 2.3 per cent of revenue.

Some jurisdictions in the U.S. with legal cannabis markets, such as California, are considering such temporary tax reductions to lure customers away from the illegal market after disappointing early sales.

I don’t think lower taxes are the solution. The whole idea of legalization of cannabis is generate revenue so that other taxes could be reduced. Like other “sin taxes” on recreational drugs such as tobacco and booze, taxes on cannabis provide revenue on a product not currently taxed.

Regardless, Canada has no intention of following the U.S. lead. A Canadian Finance Department spokesperson said: “There are no planned changes to the existing duties at this time (Globe and Mail, February 4, 2018).”

Another way to reduce legal cannabis prices is to increase supply.

Mexico plans to legalize cannabis. The new interior minister of the Obrador government has introduced draft legislation to regulate cannabis. Mexico has been studying Canada’s model of issuing licences for the cultivation, processing, packaging, sale and possession of cannabis.

Mexico has something going for it that Canada doesn’t -climate.  Cannabis doesn’t need to be grown in greenhouses there. The president of Mexico’s National Association of Cannabis Industries says:

“We’re going to be able to create a new industry based on new regulations, to produce cannabis for the rest of the world – our geographic situation and our labour [pool] gives us a major advantage (Globe and Mail, November 8, 2019)”

Enthusiasm is mutual on this side of the border. Canada’s Canopy Growth Corp. is looking at investing in Mexico. Their co-CEO said:

“We think [Mexico] is a real opportunity. When you’re on both sides of America with really well-positioned products, this could be a very good platform to reflect both sides of the border with the U.S. and enter an economy that is substantial.”

However, Mexico faces hurdles. Much of Mexico is controlled by drug cartels who oversee the growth of illegal marijuana. Seizing control of agricultural land will be a challenge. Also, Columbia is also poised to compete in the legal cannabis market and have a workforce experienced in its growth.

Of course, Canada’s fledgling cannabis industry needs to be protected but controlled importation could help our supply problem.

Blueberries without borders

Blueberries have arrived from Peru in my local store. Next they’ll be coming from Chile, then Mexico. As spring moves north, they will arrive from Florida.  Then in late spring they’ll be ripening in Georgia, after that California and Oregon. Washington will start shipping in early July.

image: Investment Agriculture Foundation of British Columbia

The northward march of the blueberries ends in British Columbia, where the largest crops in Canada are grown and the season is long says Corey Mintz:

“Because of the warm, sunny weather blueberries need to thrive; many regions have a growing season of only four to six weeks. But the climate of BC allows for a longer season: nearly three months, from early July to late September (Walrus magazine October, 2018).”

B.C. returns the blueberry favour by sending them south -all over North America. Blueberry production in BC has grown from 4.3 million kilograms in 1980 to 61 million kilograms in 2017.

The fact Canada exports any produce at all may come as a surprise. We can’t compete with American growers for many other crops says James Vercammen, professor of food and resource economics at the University of British Columbia. Economies of scale, higher labour and land costs, give U.S. producers an edge.

But as the sun lingers over Canada in the summer, we have an advantage that Americans lack. Vercammen says that British Columbia is “now growing raspberries and blueberries like crazy.”

Things didn’t look so good at the start of the 2018 growing season. Blueberries, like one-third of the foods we eat, depend on pollination by bees.

Bees prefer a balanced diet. In recent years, honey producers have expressed concerns over the nutritional value of a blueberry diet alone. “It’s a single fruit,” said Kerry Clark, president of the B.C. Honey Producers’ Association, “It’s like going to a buffet and the only thing there is salsa. It doesn’t give you a balanced diet.”

Monoculture crops that cover vast areas aren’t very nutritious for bees. Weakened bees are more susceptible to disease and the wet spring this year meant that growers were applying more fungicides –also not good for bees.

That meant that owners were reluctant to send their colonies to blueberry fields. “It’s become less and less attractive, to the point where the beekeepers have decided not to bring thousands of colonies into the blueberries this year,” said Clark.

While blueberry production has increased, the number of bee hives has not kept up. One beekeeper predicted a loss because he couldn’t supply enough hives:

“There’s definitely going to be a shortage of bees in blueberries this year. It will be worse this year. The plants will be there, but the bees won’t be there to pollinate them, so they won’t get the berries.”

But all the worry turned out to be for nothing. As the damp spring turned into a sunny summer, blueberries thrived and by the end of the year there was a glut of the crop. The lower prices were good news for berry lovers but disastrous for farmers.

John Gibeau of the Honeybee Centre in Surrey was philosophical: “If it’s nice weather we do well. If it’s poor weather we do poorly. That’s farming.

Four more years of Trump?

Improbable as it may seem, President Trump could be re-elected in 2020.

Photo by Anthony Behar

He’s been vilified by many, including those who know him personally such as former FBI director James Comey.

“He has a craving for affirmation that I’ve never seen in an adult before,” Comey told a conference in Ottawa. “It’s all, ‘What will fill this hole inside me?’ (Globe and Mail, June 5, 2018)”

Author Thomas Frank’s assessment is less psychological:

“He is deeply unpopular, the biggest buffoon any of us has ever seen in the White House. He manages to disgrace the office nearly every single day. He insults our intelligence with his blustering rhetoric. He endorses racial stereotypes and makes common cause with bigots. He has succeeded in offending countless foreign governments [!]. He has no idea what a president is supposed to be or do and (perhaps luckily) he has no clue how to govern (Harper’s magazine, April, 2018).”

However, Trump seems to vaguely understand the connection between trade deals and wage stagnation.

Trump withdrew from one such deal, the Trans-Pacific Partnership, which would have strengthened U.S. corporate power at the expense of Canada.

If he pulls out of NAFTA, it will hurt all three countries in the short term. But trade will not stop. We will continue to trade with the U.S. under rules of the World Trade Organization. Tariffs under the WTO would add only 1.5 per cent to Canadian exports.

Trade deals have been a bad deal for many U.S. workers. Jobs have been sent elsewhere. Wages have been stagnant. The threat of moving jobs offshore looms over those workers who complain.

Candidate Trump characteristically expressed his disdain for NAFTA on a visit to Flint, Michigan, where hundreds of thousands had been poisoned by lead in the water. In a caustic manner, he said “It used to be that cars were made in Flint and you couldn’t drink the water in Mexico. And now the cars are made in Mexico and you can’t drink the water in Flint.” Funny, and a telling display of Trump’s lack of sympathy.

The American economy is on a roll and that could put Trump back in office for another four years. The U.S. unemployment rate was 3.9 per cent in April, 2018, a seventeen-year low. Under trade deals, corporate America is currently sending some of those jobs offshore. If trade deals are cancelled that will create a worker shortage that will drive wages up.

Of course, cancelling trade deals will also drive up the cost of goods for Americans but voters may not care, or will be unable to make the connection. The pain of unintended consequences has never been a problem for Trump says Thomas Frank:

“The president, always a fan of burning down the village in order to save it, is currently threatening to scuttle the whole agreement: ‘A lot of people don’t realize how good it would be to terminate NAFTA, because the way you’re going to make the best deal is to terminate NAFTA.’”

What matters for American workers is that they are back at work. No matter that the sparks for the economic recovery were ignited by former President Obama and chair of the Federal Reserve Janet Yellen.

In the 2020 campaign, the slogan could be “it’s the jobs, stupid.” And Trump could win.

Failure of NAFTA could be good for our creativity

It’s a toss-up on whether the North America Free Trade Agreement will survive. The fifth round of discussions has concluded in Mexico and Foreign Affairs Minister Christie Freeland is not optimistic. “Hope for the best and prepare for the worst and Canada is prepared for every eventuality,” she said.

     image: AgWeb.com

Failure of NAFTA will have only a slight negative economic impact. If the U.S. terminates NAFTA, as the unpredictable President Trump has threatened to do, trade would revert back to rules of the World Trade Organization. Under those rules, the added tariffs would only add 1.5 per cent of the cost of goods exported to the U.S. according to a study from the Canadian Centre for Policy Alternatives.

With “trade” in the title, you could think that’s what NAFTA about. And since Canada is a trading nation, you could conclude that NAFTA is vital to our economy. While NAFTA offers some advantages, it has a number of disadvantages such as the investor-state dispute settlement provisions that allows foreign firms to sue governments. And exports of Canadian softwood aren’t even covered.

However, trade deals like NAFTA are not primarily about trade. Trade takes place without them. These trade deals are actually about protection of corporate interests such as “intellectual property” which is not property in the usual sense. It’s a means of commodifying artistic and technological creations such as brands, music, movies, patents, and software.

America normally supports trade deals because they benefit most. The deals enforce corporate interests, and in the U.S. corporate interests = government interests. The reason that the U.S. is so interested in intellectual property is because it’s one of their biggest exports. Culture, what the U.S. calls entertainment, makes up one-third of American exports. American movies are seen in theatres around the world. U.S. pop songs are heard in the streets. Kids play American-made video games. American inventions such as the iPhone are ubiquitous.

An indication of how poorly President Trump understands the American economy is his rejection of the Trans-Pacific Partnership. It was a license for U.S. corporate giants to impose protection of intellectual property. I celebrated its demise after Trump cancelled the TPP but I had to wonder what (if) the president was thinking.

The demise of NAFTA would lift a weight off of Canadian creativity and allow it to flourish.

Michael Geist, Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa, was asked to advise a Senate Open Caucus meeting on modernizing NAFTA.

“To my surprise, the shift in focus to a post-NAFTA world was liberating, opening the door to considering Canadian policies that have previously been viewed as unattainable given intense U.S. pressure on intellectual property policy that favours ‘Americanization’ of global rules,” he said (Globe and Mail, October 20, 2017).

By loosening the grip of the U.S. on creativity, Canadians can market their innovations globally; innovations such as software developed by Blackberry for self-driving cars and recently sold to the Chinese firm Baidu.

Of course, our intellectual property needs protection. With the U.S. out of the way, international agreements can be struck that encourage innovation while protecting creators without one player holding a big stick.

TPP rises from the ashes

Rumours of the death of the TPP are greatly exaggerated. After President Trump announced U.S. withdrawal from the Trans-Pacific Partnership, I congratulated him: “Thank you, Mr. Trump, for killing the TPP.”

 image: WMAL radio

I now realize that Trump’s withdrawal from the TPP was not an indicator of leadership, but a sign of retreat from the international community. It’s just another indication of the degree of U.S. marginalization. Trump’s withdrawal from the Paris Agreement is yet another indicator that we must carry on without him.

Where the original TPP had a number of flaws, the new TPP can be negotiated to Canada’s advantage. Canada was disadvantaged in the first round because we were latecomers: we had to accept what had already been negotiated.

Canada is a trading nation and as such, we depend on fair trade agreements. As politicians like to do, I’ll list my five conditions for acceptance of the new TPP -dubbed TPP11 after the number of countries left to pick up the pieces.

Investor-state dispute settlement provisions (ISDS) should not be part of TPP11. This allows companies to seek damages from governments when local regulations interfere with profit-making.

When disputes arise, as they are bound to do, they should be settled in a transparent manner by judges, similar to the International Court, not in private between arbitrators as is now done with NAFTA.

Environmental standards should not be part of TPP11. Environmental damage is seen by industry as a cost of doing business -a price which indigenous peoples and future generations will pay. Environmental standards need to be negotiated by separate accords like the Paris Agreement.

Intellectual property and should be excluded as well. Artists and small software companies need protection, but too often concern for intellectual property masks large corporate interests such as Disney.

Exclude health regulations as well. They are an excuse for Big Pharma to extend the patent life of drugs that could be made cheaper with generics.

TPP11 will be a meeting of middle powers now that the U.S. is out, and China and Europe were never in. Canada can then negotiate from a position of strength when it comes to superpowers. Trump favours individual bilateral deals because he imagines an advantage over smaller countries. But if those smaller countries can form a block where there is an alternative to the bully-tactics of Trump.

The TTP11 would give Canada access to markets not previously available, says Hugh Stephens of the Canadian Global Affairs Institute. It will jump-start bilateral talks that were going nowhere, like those between Japan and Canada. With Japan in the TTP11, negotiations can proceed. And trade agreements under the umbrella of TPP11 can take place with other countries where Canada has no bilateral agreements such as Australia, New Zealand, Malaysia and Vietnam and Malaysia.

And in countries where Canada does have bilateral agreements, such as Mexico, Chile and Peru, the TTP11 can tie up loose ends.

Whereas Canada was a follower in the original TTP, we can be a leader in fair trade under TTP11. With the U.S. retreating into a fog of befuddlement, Canada needs to step up on the world stage.

 

 

Thank you, Mr. Trump, for killing the TPP

It’s a rare thing when the views of president-elect Trump and Canadian activists align as in their opposition to the Trans-Pacific Partnership. Trump has vowed to kill the deal the day he is sworn in.

From http://stopbadtradedeals.org/

However, the source of loathing couldn’t be more different. Canada is a trading nation and we depend on the flow of goods for jobs. Trump wants to set up barriers to trade and regards such deals as “job-killing.”

Unlike the deal between Canada and Europe, the Comprehensive Economic and Trade Agreement (CETA), we were on the sidelines when the TPP was negotiated. The TPP had little to do with reducing trade barriers. Law professor Michael Geist of the University of Ottawa outlines the other provisions:

“Much of the TPP focused on economic regulation, such as intellectual property enforcement, health regulation and environmental standards. Trade agreements are a poor place to negotiate these issues, which have traditionally fallen within the purview of international organizations that develop consensus-based treaties with broad stakeholder participation (Globe and Mail, November 16, 2019).”

Trump has NAFTA within his sights, too. With the North American Free Trade Agreement threatened by the belligerent president-elect, it’s vital that Canada look elsewhere. Canada already reached a deal with South Korea in 2014 and has engaged in talks with Japan, India and China regarding similar agreements.

Ongoing irritants plague all of these trade deals because corporations insist on corrupting them with their own interests under the label of “free trade.” One of those irritants is the investor-state dispute settlement provisions (ISDS) which allow companies to seek damages from governments when local regulations interfere with profit making.

Canada was stung by an ISDS under NAFTA in which a Delaware-based company proposed expansion of a quarry in the Bay of Fundy. Nova Scotia rejected it on environmental grounds. The federal government rejected it. Then a secret NAFTA tribunal approved it and we are stuck with a bill of hundreds of millions in compensation.

Tribunals aren’t a necessary part of trade agreements when you consider we have a court system. It’s not like we’re dealing with developing countries whose court systems are unknown or viewed as dodgy. CETA is a slight improvement over NAFTA. Members of the tribunal will be appointed by countries instead of corporations giving it the aspect of an international court.

One way to bypass trade deals is for unions to negotiate international agreements that are not susceptible to tribunals. Canadian auto unions have recently bargained deals with the big 3 auto manufacturers worth $1.6 billion. Jim Stanford, former economist for the Canadian Auto Workers and Unifor, and now professor McMaster University is thrilled with the deal which acknowledges superior productivity in Canada:

“Most Canadian auto plants operate at or near full capacity. Combined with advanced technology and work organization, that gives the Canadian industry an important productivity advantage. Output per worker is 10 per cent to 15 per cent higher than it is in the United States (November 21, 2016).”

Trade deals have been muddied by the addition of non-trade provisions, although I doubt that’s what motivates Trump.

Be prepared to walk away from NAFTA

Canada is a trading nation. As such, we need well-crafted trade agreements. NAFTA is not one of those.

Photo courtesy Council of Canadians

Both candidates for president of the United States have indicated that they would renegotiate or tear up the North American Free Trade Agreement with Canada and Mexico. Both are reflecting the discontent of the American people from the rust belt. They have seen well-paying jobs evaporate, only to materialize in low-wage countries.

There have been few winners of NAFTA, says Gordon Laxer, founding director and former head of the Parkland Institute at the University of Alberta.

“The big winners since 1988 (the year the FTA was signed) have been the global 1 per cent. The big losers have been the lower-income and middle classes in the rich countries. That underlies the populist revolts of Brexit and the presidential candidacies of Donald Trump and Bernie Sanders (Globe and Mail, August 31, 2016).”

Canadians aren’t happy with NAFTA either. An Angus Reid poll revealed that one-third want it renegotiated, one-third are unsure or want it done away, and only one-third want it left as is or expanded.

Canadians have reason to be unhappy. As taxpayers, we have paid $190 million to foreign corporations to settle lawsuits. Under NAFTA, Canada has been sued 39 times mainly over our environmental protection laws. The U.S. has never lost a case.

Disputes are settled, not by judges but by secret tribunals run by exorbitantly paid corporate lawyers who decide what Canadian laws have hurt U.S. corporate interests here.

Then there is the “Mexican exemption.” Mexico wisely refused to agree to the NAFTA clause that required countries to supply the U.S. with the same proportion of energy as in the previous three years –even if it hurts the exporting country.

Unlike Mexico, Canada is not exempt from this so-called proportionality rule. In the event of a sudden loss in our energy production, Canada would have to supply the U.S. even if it meant that we did without. What makes this clause worse is that the U.S. keeps 700 million barrels in the Strategic Petroleum Reserve in case of an emergency, while Canada has none.

What Canada supposed to get in exchange was unlimited access to U.S. markets. In other words, we would have free access in times of plenty in exchange for compulsory supply in times of dearth.

Except we don’t even have that now. The agreement to unlimited access was broken when President Obama stopped TransCanada’s Keystone XL pipeline.

It never crossed the minds of the Canadian negotiators of NAFTA that easy oil would run out and that the difficult tar-sands oil would be priced out of global markets. It never occurred to them that Canada would be burdened with CO2 emissions that would be produced from exported oil.

Canada is a trading nation and the world wants what we produce. We don’t have to settle for a second-class trade agreement. Laxer concludes:

“NAFTA is flawed and outdated. Two of its rules hurt Canada. We must be ready to negotiate hard and to walk away if necessary, using the six-month exit clause.”

Don’t call the TPP a free trade agreement

Canada is a trading nation. Trade agreements are good for Canada. The Trans-Pacific Partnership is not one of those.

With a few exceptions, Canada’s trade barriers are already low and the TPP will have little effect on trade. Professor Blayne Haggart from Brock University in St. Catharines, Ontario, says it’s all about increasing corporate power. Sections that are supposed to be incidental riders are the real essence:

“Instead, agreements such as the TPP are about implementing policies that have nothing to do with comparative advantage, policies that are often designed to lead to higher consumer costs and concentrated corporate power. Treated as marginal issues, these policies are ‘free-trade free-riders,’ coasting along on an unearned legitimacy.”

By “comparative advantage” he means trade between partners that benefits both. “Costs are lowered, production is maximized and people can buy imports at prices lower than would have prevailed had they produced everything themselves,” explains Haggart in the Globe and Mail.

The TPP is not a free trade agreement; it’s a consolidation of U.S. interests globally. The details have to be carefully dissected but here are a few things that we know.

One of the “free-trade free-riders” is intellectual property. The U.S. wants to extend the patent protection for drugs to prevent generic manufacturers from providing cheaper medicines. Groups such as Doctors Without Borders warn that greater drug-patent protection would “limit competition from generic drug manufacturers that reduce drug prices and improve access to treatment, and would accelerate already soaring medicine and vaccine prices.”

Another is extended copyright length. The TPP would extend the life of copyrights from 50 years to 70 years beyond the life of the author. This would benefit U.S. media companies and provide little benefit for artists or the public. Copyright holders are often corporate media giants like Disney.

If the negotiators of the TPP were honest, they would admit that this is not a “partnership,” it’s an imposition of U.S. interests on trading partners. One of the biggest U.S. exports is American culture, what they like to call the entertainment industry. Another is health care. These are the money-makers that the U.S. wants to protect.

One more free-trade free-rider is the infamous “investor-state dispute settlement.” It places corporations on the same level of states, allowing foreign firms to sue countries, not only for breach of contract but for public policies such as environmental protection and access to drinking water.

As I explained in my column of October 15, Canada is already on the receiving end of the most dispute claims under NAFTA. We can expect more under the TPP as corporations try to bring our public policies in line with their private interests.

Yet another provision would allow car manufacturers to hide operating codes that allow them to cheat on emission regulations the way Volkswagen did under the guise of intellectual property. These codes should be examined by regulators the way that slot machines are.

Just how bad the TPP is for Canada has yet to be determined. The 6,000 pages of the secretly negotiated agreement have only been recently released. One thing that should make us suspicious is when supporters call it a free trade agreement.

Even without the details, one thing about the TPP remains constant

We don’t know much about the Trans-Pacific Partnership that the Conservatives recently signed except that it will replace North American Free Trade Agreement.

As a trading nation, Canadians generally favour trade agreements. Last year, an Angus Reid poll showed 68 per cent in favour of a trade deal with Europe.

We favour of trade deals while being woefully ignorant of the details; sometimes in the dark about their very existence. In the case of the TPP, Environics showed that 75 per cent didn’t even know what the TPP was; let alone that the Conservatives were negotiating it on our behalf.

This blind faith in the concept of trade agreements often leads us into a blissful unawareness. One principle about the TPP will likely remain constant: private tribunals will replace our courts when it comes to disagreements.

That’s what the Investor–State Dispute Settlement provision does under NAFTA. I would hazard a guess that few Canadians are even aware of the ISDS provision under Chapter 11.

ISDS allows foreign investors to settle disputes with governments through binding private arbitration instead of Canadian courts. Yes, governments can be dictated to by arbitrators. Why would governments give up such a mandate of their power? The Monitor magazine explains:

“The dubious rationale for granting this extraordinarily sweeping right to foreign investors was that the Mexican courts of the day were prone to corruption and political interference.”

If that were a valid justification, Mexico should be on the receiving end of corporate claims. In fact, Mexico has only had a few while Canada has had the most.

“Canada has faced 36 ISDS claims, more than any other developed country in the world, and since 2005 we’ve been hit by 70% of all NAFTA investor lawsuits.”

One of those claims against Canada came in March this year after ExxonMobil’s Canadian subsidiary won $17.3 million in damages after challenging requirements that they dedicate a tiny percentage (0.33%) of their revenues to research and development, education and training in Newfoundland and Labrador.

“But what is especially galling about this case is that Exxon, along with every other company active in the offshore oil sector, had explicitly agreed to abide by provincial R&D commitments.”

In 2010, the federal government had to pay AbitibiBowater $130-million to settle an ISDS complaint after former premier Danny Williams’ expropriation of the company’s mill. Williams said that the owners had broken the lease agreement by walking away from mill, leaving 800 unemployed.

The Harper government tried to weasel out of paying the settlement claiming that the province had caused the problem. More likely, it was an attempt to punish William’s for his lack of Tory support. The last time I looked, Newfoundland is still part of Canada and since NAFTA applies to Canada, it applies to Newfoundland. If the offending province were Alberta, Harper probably would not have complained.

Most of the talk around the TPP has been whether car parts will hurt and beef parts will prosper. Don’t hold your breath waiting to hear how Canada will be dictated to by corporations through private tribunals held in secret.