Council of Canadians, Canadian Union of Postal Workers find little comfort in decision to open NAFTA hearings to observers

OTTAWA, ONTARIO - The Council of Canadians and the Canadian Union of Postal Workers (CUPW) find very little comfort in the agreement between United Parcel Services (UPS) and the Canadian Government allowing outside observers at the NAFTA challenge beginning Monday in Washington.

UPS has invoked the extraordinary dispute procedures of NAFTA to challenge Canadian policy and practices concerning the delivery of public postal services and seeks $230 million in damages from the Federal government.

“It is no consolation that we are being allowed to watch while our democratic rights are being trampled upon by the NAFTA tribunal,” says Maude Barlow, Voluntary Chairperson of the 100,000-member Council of Canadians. “The consequences of a UPS win may very well mean that it’s open season on public services such as education and health care, on the grounds that they, too, are cross-subsidised. Once again, the Canadian public interest is being debated in private by unelected trade experts, without a counterbalancing public voice.”

The Council of Canadians and CUPW launched a lawsuit last year challenging the validity of NAFTA's private enforcement regime as unconstitutional. The groups expect to file evidence in support of their application this fall.

According to Steven Shrybman, the attorney representing the groups, this case is preposterous. “The problems with allowing private corporations to enforce an international trade agreement to which they are not parties, are far more profound than the question of secrecy. If foreign investors have a valid legal complaint with Canadian or US policy and law, they should take it to court just like any other citizen or corporation.”

CUPW is of the opinion that this case is frivolous. “The people of this country have said again and again that they want to keep the post office a public service. Now we have a U.S.-owned multinational corporation that is trying to undermine that,” said Deborah Bourque, President of CUPW. “UPS is trying to use NAFTA to crush the public services, which act in the public interest and whose purpose is not to make a fast buck by only serving the urban and profitable areas.”

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