TORONTO - Today, the Council of Canadians and Canadian Union of Postal Workers (CUPW) are asking Ontario's Superior Court of Justice to rule that NAFTA investment rules are unconstitutional.

This is the first time a court will consider the constitutionality of international trade rules that allow foreign corporations to sue governments.

The court challenge was launched in 2001 in response the United Parcel Service's (UPS's) NAFTA complaint, which poses a threat to postal and other public services.

"UPS claims that simply by having a public postal system, Canada is allowing unfair competition," said Maude Barlow, National Chairperson of the Council of Canadians. "By this logic, every public service from health care to education to the CBC could face similar lawsuits. We don't intend to let foreign corporations destroy our public services without a fight."

Trade lawyer Steven Shrybman said NAFTA tribunals have already been used to challenge environmental laws in Canada and the United States as well as land use powers of local governments in Mexico.

"Under NAFTA, the government has delegated the powers of Canada's courts to international tribunals that operate outside the boundaries of Canadian law," said Shrybman."This is certainly undemocratic, and we plan to argue, unconstitutional as well."

"NAFTA allows foreign corporations to put Canadian laws, policies and services like the post office on trial without giving the people affected the right to participate in the process," said CUPW National President Deborah Bourque. "We are in court today to object to an international trade agreement that undermines our democratic rights."

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