Nature of the application

The applicants, including the Council of Canadians, Canadian Union of Postal Workers, and the Charter Committee on Poverty Issues, bring this application challenging the investor-State provisions of Chapter Eleven of the North American Free Trade Agreement.

The application raises fundamental constitutional issues respecting the authority of the Parliament and Government of Canada to clothe ad hoc arbitrators appointed under international commercial arbitration procedures with the power to make binding determinations (including awards of damages) in proceedings brought by individual foreign investors challenging legislative, regulatory and administrative measures (including expropriation and other measures taken in the public interest), as well as judicial procedures and decisions.

It is the position of the Applicants that the provisions and procedures under Chapter Eleven, which vest this authority in constitutionally unaccountable ad hoc arbitrators, violate the Canadian Constitution (including section 96 of the Constitution Act, 1867,) fundamental constitutional principles, and section 7 and 15 of the Canadian Charter of Rights and Freedoms), and are inconsistent with section 2(e) of the Canadian Bill of Rights

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