This report evaluates outcomes in the 54 complaints by Canadian exporters against U.S. trade authorities under NAFTA’s Chapter 19 dispute settlement mechanism. It finds that despite playing a prominent role in the end game of NAFTA renegotiations, Canada’s success using the Chapter 19 dispute settlement mechanism has been modest at best. The report’s key findings include:
International trade and investment, deep integration
FOR IMMEDIATE RELEASEOCTOBER 23, 2018 OTTAWA—Many Canadians, including dairy farmers, metalworkers and consumers facing higher drug prices, may come to see saving NAFTA Chapter 19 as a hollow victory, according to a new report from the Canadian Centre for Policy Alternatives.
Illustration by Michael George Haddad
Here at the CCPA, we're constantly thinking about what needs to change in our lives, our economy and our ways of governing to make society more equitable, and life more fulfilling, for the greatest number of people. Broadly speaking, you could say our mandate is transition, the theme of this summer edition of the Monitor. By transition we mean a fair and just progression from today's extractives-based, exhausting and unequal economy to a more sustainable, pro-worker and frankly more human future.
Farmers’ market in Toronto’s David Pecaut Square (Tom Flemming, Flickr Creative Commons)
Illustration by Katie Raso
The CCPA maintains and regularly updates a list of all investor-state dispute settlement (ISDS) claims brought against North American governments under NAFTA Chapter 11. As of January 1, 2018, Canada has paid out nearly $220 million in NAFTA losses and settlements, all to U.S. investors, and currently faces eight active claims in which investors are demanding approximately half a billion dollars. To this amount we can now add $95 million in unrecoverable legal costs paid by Canada in defending ISDS cases, thanks to information acquired through an access to information request.
OTTAWA – The federal government has spent more than $95 million in unrecoverable legal fees defending the ballooning number of investor-state lawsuits filed against Canada under NAFTA’s controversial investment chapter, according to new data obtained by the Canadian Centre for Policy Alternatives via an access to information request.