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What's wrong with the second draft Annex agreements?

July 2005

They threaten Canadian authority over the Lakes
The Annex is composed of two agreements: an agreement between the eight U.S. states that is legally binding and approved by Congress, and a "good faith" agreement between the U.S. states and the Canadian provinces. Canada does not have an equal seat at the table, but instead assumes a “consultative” role. If the U.S. decided to allow diversions, it could do so without Canada’s consent.

They allow diversions from the Great Lakes
The second draft of the agreements states that no diversions will be permitted from the Great Lakes. But this is undermined by an exception for the Chicago diversion, the largest diversion from the Great Lakes. The agreements also grant special rights to communities and counties that straddle the Great Lakes. Through these exceptions, the agreements continue to allow vast and ever-growing amounts of water to be diverted from the Great Lakes to cities outside the basin.

They marginalize the International Joint Commission
The International Joint Commission (IJC) is responsible for overseeing and arbitrating transboundary water issues, especially disputes. Canada and the U.S. have equal representation on the IJC. The second draft agreements set up a separate, parallel body to the IJC, wherein Canada is not fairly represented, to settle disputes over the Great Lakes. By allowing another body to do the work of the IJC, the agreements will essentially make the IJC irrelevant, therefore restricting Canada’s ability to responsibly steward the future of the Lakes.

They ignore the public
The already inadequate public consultation process has been shortened from 90 days to 60 days. It will also take place during the summer when fewer people are able to participate. It is inadequate and completely inappropriate to silence the voices of concerned citizens.

The Council of Canadians, with Clean Water Action and Public Citizen from the United States, requested an extension to the public consultation process from the Council of Great Lakes Governors.
Read the letter here (pdf, 117 kB).

WHAT CHANGES ARE NEEDED?

The federal government must take responsibility for protecting the Great Lakes
Throughout this process, the federal government has remained silent. In its silence, it has abdicated its responsibility to protect the Great Lakes.

The federal government is the only body with the authority to negotiate international agreements on shared natural resources. The Council of Canadians is calling on the federal government to intervene immediately in these proceedings.

The IJC must retain its authority
The federal government must also uphold the integrity of the International Joint Commission by ensuring that it remains the primary body responsible for deciding disputes over the management of the Great Lakes.

Public consultations must be extended
The Council of Canadians is also appealing to the Council of Great Lakes Governors to extend the consultation period to allow full input from the public.

We are also asking that the agreements undergo a third round of revisions with the federal government at the table, and a third round of consultations that allow sufficient time for full participation from the public.


The second drafts of the Great Lakes Annex Implementing Agreement and the Compact Agreement are available on the Council of Great Lakes Governors' web site at http://www.cglg.org/projects/water/annex2001Implementing.asp

On the page, scroll down to "Revised Draft Annex 2001 Implementing Agreements".

COC CRITIQUE OF DRAFT 2

Council of Canadians critique of the Great Lakes Annex Implementing Agreements - Draft 2
By Steven Shrybman

Download the critique (pdf, 148 kB)

"While the proposals deal with some of the concerns we have previously raised , they fail to address our most fundamental objections to a scheme that will still, if it is implemented, deplete Great Lakes waters, challenge Canadian sovereignty, and open the door to NAFTA-based investor claims to force further diversions."

       
 

Great Lakes Annex

Call 1-800-387-7177, or email inquiries@canadians.org, to find out how you can help protect Canada's water.

 

 

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The Council of Canadians  
updated January 18, 2007
 
 
 

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