This past weekend trade investment lawyer, Gus Van Harten, spent his time in his basement, rifling through old files. He knew that somewhere, buried in piles of international investment and legal trade documents, there was the answer to this one nagging question he couldn't shake: hadn't British Columbia already refused an investor-state treaty like the China-Canada Investment Deal once before? And wasn't that rejection because the trade deal was 'unconstitutional?'
And there the answer to his question lay: in a 1998 special legislative report BC published on the OCED's then-proposed Multilateral Agreement on Investment (MAI). In this document, a BC Special Committee outlines why an investor-state mechanism like MAI - which is essentially the same as the proposed China-Canada Investment Deal - is dangerous for provinces determined to protect their jurisdictional rights when it comes to governmental sovereignty, natural resources, First Nations, environmental protection and human and labour rights.
The legislative committee recommended that “when negotiating the MAI or any future investment treaty, the federal government must ensure that the agreement does not apply to matters within provincial jurisdiction, including local government measures, without the express consent of the Legislative Assembly of British Columbia…If the federal government fails to provide for such consent, then the provincial government should explore all means, including legal action, to defend vigorously its own jurisdictional rights and those of local governments to represent the interests of British Columbians.”
According to this logic, British Columbians and all of our elected provincial officials should be up in arms over the proposed China deal.