These extraordinary investor rights have now been invoked by foreign investors and corporations to challenge environmental laws, municipal land-use controls, water protection measures, the activities of Canada Post, and even the decisions of juries and appellate courts. Once initiated, NAFTA investor-state claims are decided by private international tribunals that operate entirely outside the framework of Canadian law and constitutional safeguards including those of the Charter of Rights and Freedoms. Yet the multi-million damage awards against governments made by such tribunals are binding and may be enforced as judgments of Canadian Courts.
The groups had sought declarations by the Court that NAFTA investor-state procedures, and the Canadian laws that implement them, are void and of no force and effect. They argued that the federal government acted unlawfully by establishing NAFTA investor-state for several reasons....
(see reasons there)
[Proofreader's note: this article was edited for spelling and typos on July 17, 2005]
Note: there)
Stumble It!
Try Corporate courts!
If foreign companies are permitted to sue our governments, a right not given to domestic corporations, then the "national status" of foreign investors under NAFTA and WTO rules is overriding the rights of citizens, guaranteed by the constitution of every country. Except perhaps in the case of the failing EU Constitution, based on "free market" theories.
This means that NAFTA overrules the Constitutions of the US, Canada and Mexico? If UPS is permitted to sue Canada Post and its Mexican equivalent, but not US Mail, then NAFTA is the law of the land and not the US Constitution????? So, where are our usually vociferous American patriot friends on this simple and logical issue ? Ed Deak, Big Lake, BC.