Committee
Consult the user guide
For assistance, please contact us
Consult the user guide
For assistance, please contact us
Add search criteria
Results: 1 - 15 of 74
View Alistair MacGregor Profile
NDP (BC)
I've heard reports anecdotally that people are using their vacation money to do renovations.
I asked the minister about the anticipated cost of our litigation, both under the WTO and under CUSMA. Do you have any figures on that, and how it compares with previous amounts that we've spent?
Arun Alexander
View Arun Alexander Profile
Arun Alexander
2021-06-04 14:33
I don't have exact figures on that on hand. I can say that the litigation before the WTO is done by government counsel, so there is no added cost to it. Some of the litigation before the CUSMA and the NAFTA panels is done by private sector law firms that work for the Government of Canada. There's a litigation cost associated with that, but I'm sorry—I don't have the exact numbers.
I might ask Mr. Barker if he knows that.
View Rachel Bendayan Profile
Lib. (QC)
From a legal perspective, I understand that lawyers at international trade, representing the government, have been studying this issue very closely for some time now, and believe that Canada has nothing to be concerned about in terms of respecting our obligations under CUSMA.
Even though our preference, of course, would be for a negotiated settlement with the United States, our government is prepared to use the tools that are available to us under CUSMA's chapter 19 in order to advance our position and resolve the matter.
Could you take us through what a chapter 19 dispute would look like?
Michael Owen
View Michael Owen Profile
Michael Owen
2021-06-04 14:41
A CUSMA chapter 10 binational panel essentially takes the place of a court in the first instance under U.S. law. That court is the U.S. Court of International Trade. The CUSMA panel, which is formed with three members from one country and two members from another, essentially steps into the shoes of the U.S. court and determines whether or not the U.S. Department of Commerce's determinations are supported by substantial evidence, or otherwise, in accordance with U.S. law.
If they are not—if the CUSMA panel finds there is insufficient evidence to support the U.S. findings or that they run afoul of U.S. statutes or regulations—the panel will remand the decision back to the U.S. Department of Commerce for correction.
It's a type of judicial review under U.S. law. There may be a series of determinations and remands between the panel and the U.S. Department of Commerce before we have a final outcome.
View Rachel Bendayan Profile
Lib. (QC)
Of course, I said chapter 19, but that was under NAFTA, and now it is chapter 10 under CUSMA.
Mr. Owen, obviously this is a question hated by lawyers, but how long, approximately, do you think that this type of dispute would take before arriving at a decision?
Michael Owen
View Michael Owen Profile
Michael Owen
2021-06-04 14:43
It's really difficult to say. There's a separate record for each segment of a proceeding and investigation, and then an administrative review. There is an evidentiary basis the panel has to review.
Typically, we would expect maybe two to four remands, with the period growing shorter with each remand and redetermination. An agency might receive a fair amount of time the first time issues are sent back to it, and usually the agency returns with a determination the second time. It's then challenged anew by the Canadian parties. There are probably fewer issues, so it's also given a shorter amount of time by the panel to comply with the decision.
Based on—
Michael Owen
View Michael Owen Profile
Michael Owen
2021-06-04 14:43
The measures continue to be in place.
The one big advantage of a CUSMA review is that, to the extent that the duty is ultimately reduced at the end of the process of the remands and redetermination, the money is refunded with interest to the Canadian industry.
View Rachel Bendayan Profile
Lib. (QC)
Thank you.
As a result of that short but complete explanation of the process, I wonder if you could let us know your best advice in the circumstances. Is it to conclude a negotiated settlement or, should we need to, would you be pushing for litigation under CUSMA?
Michael Owen
View Michael Owen Profile
Michael Owen
2021-06-04 14:44
I think we've consistently approached this issue through litigation and attempted to secure wins through litigation to build pressure on the United States to return to the negotiating table, to be at the negotiating table, but we're always open to negotiations and discussions.
I think the high price of lumber potentially may lead to that in the future, but there's no one-size-fits-all way to resolve this long-standing dispute with the United States.
View Heather McPherson Profile
NDP (AB)
Thank you, Mr. Chair.
This has been a very interesting meeting. I always get the privilege of being the last person to ask questions, so forgive me if I jump around a bit.
[Technical difficulty—Editor] about whether or not judicial remedies are something that would be sufficient to deal with this. I think you spoke about the idea that they were insufficient because it is very difficult for those people who have suffered at the hands of mining companies to access those judicial remedies.
I also think that this is in fact why this government had put in place a CORE, an ombudsperson, to start with. I'm just wondering if you had any more comments on the reason for the CORE and, I guess, the fact that judicial remedies were always seen as not being sufficient for this.
Penelope Simons
View Penelope Simons Profile
Penelope Simons
2021-04-13 19:22
Yes. Judicial remedies are of course central to the right to an effective remedy, but as I think you've mentioned, and as I've said before, too, they aren't sufficient because not every set of facts can be a tort claim. Harm that is caused will not be necessarily remedied through the courts.
Plus, there are all the other barriers. It's very difficult to bring a claim because many companies can bring a lot of motions to try to have the claim dismissed before it gets to the merits.
Having a CORE allows for investigation of complaints that would not be brought to the courts. We get a public document that comes to a conclusion about what happened and, if it had the powers, the CORE would be a good remedy alongside the courts, which are not sufficient in this situation.
View John Brassard Profile
CPC (ON)
You were involved in a highly publicized situation that involved your son. It goes back several years, to his education. I want to focus a little on dependants. Ms. Blaney started us down this path.
You challenged then veterans affairs minister O'Regan in a column for a pension for life article that you had written. Minister O'Regan wrote back, there was a defamation suit filed by you, and then the day after that article appeared, the benefits to your son were cut off. I know that the veterans ombudsman wrote a report with respect to that, that basically deemed it as retaliatory.
I wonder if you could share with the committee your experiences there. I will be cutting you off at the four-minute mark because I have another question to ask you, but could you share with us what you've experienced through that?
Sean Bruyea
View Sean Bruyea Profile
Sean Bruyea
2021-03-22 16:57
Thank you.
As you know, Mr. Brassard, I usually come here and advocate for policy change and on behalf of other veterans. It is very difficult for me as a veteran to speak personally about what I go through. I can't tell you all, members of the committee, how difficult it is to see the effects of my [Technical difficulty—Editor] PTSD has on my family.
I'll try to keep it together here, but I can tell you that when they cut off that care, it was devastating. The timing of it, of course, was the immediate link, but as we progressed I discovered that my case manager didn't keep any case management notes as to why she cut off that care. I found that assistant deputy ministers were intruding and preventing all opportunities, including appointments of inquiries resolution officers, to try to find an answer as to how to get that care back.
For me personally and my family, they've watched me spiral out of what was really.... I had advanced so far in my rehabilitation plan up until that day, and then they saw me attend hospital appointments, go to emergency wards once a month at least, and I can tell you, every single appointment, whether it was for mental health care, massage or physiotherapy, was preoccupied with addressing the negative effects of VAC going after my family.
Veterans have very little self-esteem when they come out with PTSD. They have such a low sense of having accomplished anything. Their families are the one solid backbone for them, as we've heard from all testimony today. When that family is attacked, and we're not talking about just not supported, but when the care of a six-year-old boy, our son, was attacked at that time, it was something I'm still recovering from.
View Simon-Pierre Savard-Tremblay Profile
BQ (QC)
Thank you, Madam Chair.
I want to say hello to my colleagues and thank all the witnesses.
My first question is for Mr. Van Harten.
You explained why you think the investor-state dispute settlement mechanism was politically damaging. I completely agree with you. The UN published a report on prosecutions not only in Canada, but around the world. The data may not be quite up to date. Be that as it may, according to the report, about 60% of those prosecutions resulted in the state losing the case or in an out-of-court settlement. In 60% of cases, the political will backed down to for-profit companies.
What's more, according to a report by the European Union, the mechanism has non-quantifiable impacts. Take for example the permanent pressure the provisions of that mechanism apply on states and the atmosphere of self-censorship they create. In other words, leaders avoid adopting policy to avoid being prosecuted.
To your knowledge, have any studies in a Canadian context been carried out to determine whether states have indeed suffered setbacks or been subject to pressure?
Results: 1 - 15 of 74 | Page: 1 of 5

1
2
3
4
5
>
>|
Export As: XML CSV RSS

For more data options, please see Open Data