(Ottawa) Today’s revelation that the Canadian government has been dealing in secret with a case concerning the export of dangerous waste material shows the stealth and risks of the North American Free Trade Agreement (NAFTA), says The Council of Canadians. The lawsuit, from Ohio-based Company S.D. Myers Inc., centres on a 1995 Canadian government ban on the export of PCB contaminated waste. That ban was lifted in early 1997 – after US firms had announced they would complain under NAFTA. Myers now apparently wants compensation for lost profits during the period of the ban.

"US corporations use NAFTA to complain about the PCB export ban. When that ban is lifted they complain again about lost profits," said Maude Barlow, chairperson of the Council of Canadians. They want our government to have to pay for trying to protect the environment, and the really disturbing thing is that the whole case is being handled in secret. "Canadians can look forward to more of the same, under NAFTA," Barlow concluded. Dealing with toxic waste in the country of origin is considered to be an important environmental principle, as reflected in the 1995 Basel convention.

The case is similar to the lawsuit, which the US-based Ethyl Corporation brought on the ban of MMT – a gasoline additive, which has raised environmental and health concerns. Just weeks ago the federal government reversed its import ban, and paid over $20 million to Ethyl, shortly after it was advised that Ethyl was likely to win a challenge to the ban under the rules of NAFTA.

"First MMT, now PCBs – how many more times do we need to see that the Canadian government has its hands tied by NAFTA, when it comes to protecting the environment and our health. The government should recognize that it has a bad deal here, and be sure not to duplicate and extend the mistake when negotiating the MAI," Barlow pointed out. The MAI (Multilateral Agreement on Investment) is an international trade deal under consideration. Canada will resume negotiations on this deal at the October OECD meeting in Paris.

The Council of Canadians, a national, non-profit, public interest group with 100,000 members across the country, is committed to promoting social and economic justice.

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