By Michel Chossudovsky
OTTAWA, Jan. 24 , 1999 - An important citizens' initiative is underway in Canada which challenges the legitimacy of the Canadian government to negotiate the Multilateral Agreement on Investment (MAI), reports Prof. Michel Chossudovsky of the University of Ottawa. The initiative questions the authority of the federal government to negotiate an international treaty which derogates fundamental rights as contained in Canada's Constitution.
The Defense of Canadian Liberty Committee (DCLC) organization, based in Vancouver, BC, has taken the Canadian federal government to court (No. T-790-98, initiating documents were filed and served on April 23,1998).
"The MAI is unconstitutional under Canadian law because it gives entrenched rights to international banks and foreign corporations guaranteed by international law which Canadian citizens do not have...This is contrary to the principle of equality before the law which is part of the Canadian constitution enshrined in the Charter of Rights and Freedoms", according to the DCLC:
The Applicants challenge the jurisdiction of the federal government to sign such a treaty, in the form of a Multilateral Agreement on Investment, on behalf of Canada which "would be outside of the power granted by and ultra vires of the Constitution Acts of 1867 and 1982. They also challenge it because, "generally, such a treaty would not be in the best interests of Canadian citizens."
This legal challenge constitutes more than an embarrassment to the government's negotiating team, headed by the Trade Minister, Serge Marchi. It underscores the blatant violation of democratic procedures; it questions the honesty of elected politicians and bureaucrats involved in behind the scenes negotiations including consultations with international business groups.
"The government of Canada has no authority to sign a treaty without a mandate from Parliament. To do so is a violation of the fundamental principles of democracy and representative government. Exercise of prerogative power must be subject to the Constitution".
Three top Canadian lawyers, well versed in constitutional and human rights issues, are acting on behalf of the DCLC. Government witnesses have been interrogated, the submission of confidential government documents have been demanded by the Applicants' lawyers. At the hearings in Vancouver, the federal government witness provided many new documents, most of which were heavily censored, with large portions blacked out. The Canadian government is now attempting through various means to stall the legal challenge and prevent it from going to the trial stage.
Assigned to the court case in the January 1998 hearings in Vancouver was Judge Dube, a former Cabinet Minister and personal friend of Prime Minister Jean Chretien, who is a Defendant in the Proceedings. Judge Dube has refused to step down. The Applicants' lawyers (pointing to a blatant conflict of interest) have demanded that Judge Dube he replaced by a more qualified individual. The Applicants lawyers have demanded the federal government to produce documents and answer questions they have refused to answer on the grounds of "Cabinet Privilege".
Legal wrangling and proceedings are continuing - all to a deafening silence in Canada's "free and democratic" media (TiM Ed.). Information concerning the DCLC Legal Challenge including Legal Documents can be found here