Canada sells rights to China?

[photon]

http://www.vancouverobserver.com/new...orce-october-1

As FIPA comes into force, it would have a major impact on projects such as Enbridge Northern Gateway and potentially some LNG proposals. The deal would allow Chinese investors to sue British Columbia if it changed course on the Northern Gateway pipeline proposal.

"It is true that Chinese investors can sue Canada for any actions by the federal government or the B.C. government (or legislature or courts) relating to Chinese assets connected to the [Enbridge] Northern Gateway pipeline," Van Harten said.

"More troubling, there is no requirement in the treaty for the federal government to make public the fact of a Chinese investor's lawsuit against Canada until an award has been issued by a tribunal. This means that the federal government could settle the lawsuit, including by varying its conduct in a way that many Canadians would oppose, or by paying out public money before an award is issued, and we would never know."

Too late for constitutional challenge now?

Van Harten said there was likely "little point" for constitutional challenges to the deal at this stage.

"Even if found unconstitutional by a court down the road...once the treaty has been ratified, none of the obligations assumed by Canada can be modified unless China agrees," he said.

Sounds kinda bad, or is it just an over-reaction / misinterpretation by the reporter?

EDIT: Couple more links that I haven't read yet:

http://thetyee.ca/Opinion/2012/11/05/Van-Harten-FIPA/

http://opinion.financialpost.com/201...too-one-sided/

[Inferno099]

This was an April Fool's day event isn't it?

If this is real along with the reporter's interpretation of the consequence to Canada then... WTF were these folks involved in arranging this thinking?

[Vulcan]

It's for real. We just sold more of our independence away.

[SebC]

Sold would imply we're getting paid, no?

That said, the stuff about "value added" to resource extraction is a big steaming pile of BS.

[Vulcan]

Green Party Elizabeth May concluded by saying, “This agreement will permit state-owned enterprises (SOEs) of the Peoples Republic of China to bring claims for damages against Canada for decisions taken at municipal, provincial or federal levels if those SOEs believe the decisions will harm their profits.”
“The arbitration process has been shown in countless decisions globally to generally favour the larger economy in the dispute. No Canadian company has ever won a chapter 11 (investor state) case under NAFTA against the US. US corporations have won and wrangled multi-million settlements repeatedly from Canada. I am certain no Canadian company will ever benefit from this agreement. But Canada will lose — not once but over and over again. If ratified this cements our relationship to the Peoples Republic of China as a compliant resource colony. I call on every Conservative MP to block this sell out.”

http://elizabethmaymp.ca/news/public...elizabeth-may/