-Caveat Lector- NAFTA's Chapter 11 tribunals violates Canadians' rights to freedom of the press and freedom of expression. NAFTA rules violate press freedom guarantees Tuesday, May 29, 2001 OTTAWA - A coalition is attacking the secrecy of NAFTA's Chapter 11 tribunals, arguing it violates Canadians' rights to freedom of the press and freedom of expression. The coalition filed a legal challenge today in the Ontario Superior Court of Justice. The Sierra Legal Defence Fund filed the challenge on behalf of the Canadian Union of Public Employees (CUPE) and Democracy Watch. The challenge defends rights guaranteed in the Canadian Charter of Rights and Freedoms. "The secrecy of these tribunals flies in the face of long-established principles that the judicial system must operate under the penetrating light of public scrutiny. We believe Canada's agreement to NAFTA is unconstitutional, because it incorporates this secret process," said Raymond MacCallum, lawyer with the Sierra Legal Defence Fund. NAFTA's Chapter 11 gives foreign corporations the power to sue governments for infringing on their investments. Claims are heard by tribunals behind closed doors. The secrecy of the tribunals calls into question the legitimacy of the entire Chapter 11 process, argue the groups. "Corporations are using Chapter 11 to launch a wholesale attack on the power of our governments to govern, to protect the environment and provide public services. Under NAFTA's rules, they can do this with impunity. This case confirms the government approaches trade without any regard for democratic rights. We will defend these rights - and our public services," said Judy Darcy, CUPE National President. The coalition believes Canadians need access to information and the decision-making process to hold public institutions to account - particularly on environmental issues, given the poor environmental track record of international trade tribunals. "NAFTA tribunals make decisions that have a greater impact on the lives of Canadians than many courts. Canadians and the media can walk into any court in Canada and watch what's going on, and NAFTA tribunals should face the same scrutiny," said Duff Conacher, Coordinator of Democracy Watch. The Canadian government has the discretion to release a tribunal's final ruling, but is under no obligation to do so. The only way citizens or the press can attend a tribunal hearing is if all parties agree - which has not happened to date. A win in the courts, leading to a declaration that Canada's agreement to NAFTA in its present form is unconstitutional, will force Canada to negotiate with the United States and Mexico to amend the secrecy rules of Chapter 11. Any new provisions will have to uphold Canadians' Charter-guaranteed rights. The case is particularly pressing, given that a leaked draft of the investment chapter of the Free Trade Area of the Americas includes a similar secretive process. A backgrounder outlining the case is set out below and available on the web sites of all three organizations, listed below. - 30 - FOR MORE INFORMATION, CONTACT: - Duff Conacher, Coordinator, Democracy Watch, Tel: (613) 241-5179, [EMAIL PROTECTED] - Catherine Louli, CUPE Communications: 613-237-1590 ext. 268 - Raymond MacCallum, staff lawyer, Sierra Legal Defence Fund: 416-368-7533 ext. 22 <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om