NAFTA Secrecy Prevails
Groups call upon trade minister to honour commitment to "transparency"

(Ottawa) Groups are calling on Trade Minister Pierre Pettigrew to demonstrate his recently stated commitment to transparency around NAFTA procedures.

In a letter to Minister Pettigrew's officials, The Council of Canadians and the Canadian Union of Postal Workers call on Canada to live up to the promise of transparency by releasing documents concerning a claim by United Parcel Service of America against Canada for more than $250 million.

Last week, International Trade Minister Pierre Pettigrew and his counterparts in the US and Mexico committed to making "accessible to the public, in a timely manner, documents submitted to, or issued by, Chapter 11 tribunals".

The groups have sought standing as parties before the international tribunal that will determine the UPS claim because of their concern about the potential for the case to undermine public postal services and adversely affect the jobs and pensions of postal workers. They are also concerned that the case may set a precedent for future challenges to health care and other public services.

However, their attempts to gain access to the UPS statement of claim and other documents relevant to the case have been repeatedly denied by Canada, the United States and the US-based courier company. The governments and the company are also objecting to the union and citizen group's application for standing as parties at the hearings.

"Minister Pettigrew must secure the release of the UPS claim if his commitment to transparency is to be believed" said Maude Barlow, national voluntary chair of The Council of Canadians.

"We are frankly sceptical that Canada's recent announcement represents a meaningful shift in approach. But we wanted give it the benefit of the doubt," said Steven Shrybman, a lawyer with Sack Goldblatt and Mitchell, who represent the groups.

"The Canadian public post office is being put on trial here. We believe that we have the duty and the right to defend it," said Dale Clark, President of CUPW. "We will continue to fight for that right."

In their letter, the groups complain about Canada's failure to support the rights of those affected by foreign investor claims by allowing them to participate in the arbitral process or even to know the full nature of the claims that are being asserted. They call upon the Department to demonstrate the sincerity of its commitment to providing public access to Chapter 11 tribunals by amending its submissions to the UPS Tribunal accordingly.