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China Can Now Sue Canada For Laws That Interfere With Chinese Interests

Posted: 09/18/2014 9:05 am

say no to fippa canada china treatyCanada’s government has approved a treaty that allows China to sue Canada for laws that interfere with Chinese interests, a controversial move that has sparked an outcry among Canadian citizens, reports Newsweek.

The Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) was signed two years ago, but only recently ratified. The investment treaty allows China to challenge Canadian laws it finds detrimental to Chinese assets. The lawsuit is not required to be made known to the public until a settlement is awarded by a tribunal.

The treaty does not limit the size of damages, and will go into effect on October 1, China’s National Day. It will remain in effect until 2045.

Critics of the treaty include Gus Van Harten, Associate Professor at Osgoode Hall Law School, who wrote the following:

The treaty’s main role is to protect Chinese-owned assets from Canadian legislatures, governments, and courts, and vice versa (i.e corporate empowerment), though it is largely non-reciprocal since China’s interests/capital will be (and currently are) far greater than Canada’s current or anticipated investments in China.

The treaty has also drawn the criticism of Canada’s First Nations groups who see it as a threat to the government’s obligations to them. Brenda Sayers of the Hupacasath First Nation said last year:

This is really a court case for all citizens of Canada because it’s going to affect everyone negatively for a lot of different reasons, whether it’s to do with environmental, whether it’s to do with jobs, all kind of different areas. We’re all in this together.


  • Zen my Ass

    This is basically what USA has been doing since 1945, plus the Army of course.

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