2021 A.D.E. SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST 2021 A.D.E.
FIPA - CANADA ENTERS INTO INTERNATIONAL TRADE AGREEMENTS - FIPA
TWO ROW WAMPUM : HAUDENOSAUNEE & EMPIRE OF NETHERLANDS : 1613 TO MODERN ERA
Canada Foreign Investment Promotion and
Protection Agreement
Canada began negotiating with China on a FIPA in 1994.[13][14][Notes
The Harper
government held out on finalizing the text and ratifying the
agreement due to diplomatic differences and concerns about Chinese human rights
abuses.[13]
The China
Canada FIPA was signed in 2012.[1]
In 2013,
On 18 January 2013, the Hupacasath First
Nation of British Columbia filed
a court application to stop the Harper administration from ratifying the Canada
China FIPA until consultations with First Nations on potential impacts of the
FIPA took place. First Nations were concerned about the FIPA's Investor State
Arbitration (ISA) clause.[4]
FAILURE
TO CONSULT : "The small First Nations community
argued in federal court in June that the federal government is required to
consult First Nations under Section 35 of the Constitution Act, which provides
constitutional protection to the aboriginal and treaty rights of aboriginal
peoples in Canada.
According
to Sayers, if the investment treaty is ratified, Chinese investors would have
control over major assets such as coal on its 232,000-hectare territory.
The
extraction of resources by foreign firms would strip negotiating powers for
First Nations, which are involved in the treaty process.
"We
are saying that the federal government failed to consult," Sayers said.
But
lawyers for the federal government argued that a duty to consult does not apply
in this case.
A
spokesman for International Trade Minister Ed Fast told CBC News in a written
statement, "the FIPA contains the exceptions found in our other treaties
that preserve policy flexibility for certain sectors and activities, including
rights or preferences provided to aboriginal peoples." … “Furthermore, the
Canada-China FIPA. Like Canada’s other FIPA’s, provides a policy carve-out for
government measures concerning rights or preferences provided to aboriginal
peoples.” Said Rudy Husny, spokesman for the minister of international trade.
ADDITIONAL REFERENCE : ICSID CONVENTION
COURT CHALLENGE LOST - FEDERAL COURT DECISION
The CCFIPPA was signed at Vladivostok, Russia, on September 9, 2012.
[6] Pursuant to Article 35, Canada and the Government of the People’s Republic of China [the “Contracting Parties”] are required to notify each other through diplomatic channels that they have completed the internal legal procedures for the entry into force of their agreement. The CCFIPPA will enter into force on the first day of the month following the month in which the second of the two notifications is received and shall remain in force for a period of at least 15 years.
[7] After the expiration of the initial 15-year period, either party may terminate the CCFIPPA. Such termination will be effective one year after its receipt by the other Contracting Party. However, the agreement will continue to be effective for an additional 15-year period with respect to investments made prior to its termination. - FEDERAL COURT DECISION
2021 A.D.E. SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST 2021 A.D.E.
