The Federal Court ruling upholds a NAFTA tribunal decision stating that under the controversial Chapter 11, the Canadian Environment Minister could not prohibit the export of toxic waste to the U.S. Today’s tribunal ruling grants S.D. Myers Inc., of Tallmudge, Ohio, USD $8-million with an additional USD $1-million in interest accumulated during the appeal process.
The United Nations Basel Convention on Hazardous Waste was negotiated between 130 countries to explicitly restrict cross-border trade and traffic in hazardous waste. The Basel Convention is named in NAFTA as an appropriate environmental treaty that does not trigger trade sanctions; however, the tribunal refused to acknowledge the Convention because the U.S has not ratified it.
“Astonishingly, the fact that the importation of this hazardous waste was illegal under US law didn’t deter the tribunal from ruling that Canada had nevertheless offended the rights of the US company.” explained Andrea Peart, Director of Health and Environment with Sierra Club of Canada.
Sierra Club of Canada and the Council of Canadians application to gain intervenor status before the Federal Court in the public interest were denied, exemplifying the closed and arbitrary nature of the NAFTA Chapter 11 process.
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For more information:
Andrea Peart, Health and Environment, Sierra Club of Canada (français) (613) 241-4611
Laura Sewell, Media Officer, Council of Canadians (français) (613) 233-4487 ext: 234 Cell: (613) 795-8685
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The Council of Canadians
502-151 Slater Street, Ottawa, ON K1P 5H3.
Tel: (613) 233-2773; Toll-free: 1-800-387-7177
Fax: (613) 233-6776
inquiries@canadians.org
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Note: inquiries@canadians.org
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Dave Ruston