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In response to Canada’s efforts and the decision of the federal government on Friday to take an international legal stance against the Trans-Pacific Partnership, the British Columbia-based civil liberties group Democracy Watch released a report which accuses the government of seeking to undermine the free speech rights of “ordinary people”.
“The TPP has led to an unprecedented attack on the right to free expression,” Democracy Watch executive director Cindy Blackstock said in a statement yesterday. “The agreement’s threat to suppress online dissent is deeply disturbing.”
The group accuses Canada of using the TPP to restrict Internet freedom and freedom of expression in Canada.
Canada is seeking to gain influence over a number of the TPP’s chapters via Canada’s participation in the 12 free trade pact’s investment chapter, which includes investor-state dispute settlement mechanisms. The trade deal includes a clause under which member countries must allow the TPP to go through its final stages in order to receive protection from lawsuits arising from the trade pact.
The TPP would establish a secret tribunal to handle disputes between investor-state dispute settlement tribunals and member countries. The TPP will not take effect for another 15 years after signing, and if the agreement fails to live up to its promises of transparency, member countries must submit their final version of the bilateral investment treaty (BIT) to the U.S.-led World Trade Organization by Dec. 31, 2015.
Canada’s proposed BIT will not only require a member country to allow the government of a TPP nation to file a lawsuit in the U.S. if its citizens’ rights are violated by an investment treaty’s “investor-state mechanism”.
“That’s a direct challenge to the Canadian government,” Democracy Watch said.
“There’s nothing reasonable about having the Canadian government file suit while the TPP is being negotiated on Canadian soil, and to do it under the TPP’s “investor-state” mechanism.”
Citing a leaked draft of the TPP investor-state dispute settlement mechanism, Democracy Watch said the TPP “will be especially troubling in Canada given the government’s ongoing attempts to create new legal mechanisms to restrict Internet freedom.”
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