Nations worry China treaty will negatively impact territories

Prime Minister Stephen Harper has locked Canada into a deal with China when he signed the Financial Investment Protection Agreement with that country. The agreement had been kept under wraps until leaks from the Conservative camp revealed the Prime Minister would be signing the document during House of Commons business at the beginning of November.

But, once word of it got out, people were tweeting against it, politicians began asking questions in the House of Commons and First Nations were alarmed.

Leaders are worried the implications of an agreement such as this one will spell disaster in traditional territories in regard to resource development. They’re scared the doors will be blown wide open in the natural resources sector, and First Nations will be left vulnerable in their territories. There is also a fear the agreement will violate treaties.

First Nation leaders Stewart Philip, grand chief of the Union of BC Indian Chiefs, Grand Chief Stan Beardy of Chiefs of Ontario, as well as Lake Huron Regional Grand Chief Isadore Day each penned letters of opposition.

In a telephone interview, Phillip said “It’s the second biggest free-trade agreement since NAFTA (North American Free Trade Agreement), and will certainly have significant impacts on lands and resources within our territories, and we find it completely unacceptable that there has been no public debate but the government is just pushing ahead with this agreement.”

Phillip wasn’t the only one concerned that there hadn’t been any public discussion about the agreement. In question period in the House of Commons on Nov. 1, NDP Leader Thomas Mulcair asked the Speaker of the House, “Mr. Speaker, the agreement with China, which the Prime Minister is prepared to ratify without any debate, study or consultation, will have a huge impact on certain transactions ... The Prime Minister is giving the Chinese government the absolute right to purchase and develop Canada’s raw natural resources. The Conservatives are not only giving China access to our natural resources, but they are also guaranteeing unlimited expansion. That is what is at stake here. Why are these decisions being made in political backrooms, without any debate, study or consultation?”

Prime Minister Harper side-stepped the question with his reply, “Mr. Speaker, the Leader of the Opposition is completely wrong. The Investment Canada Act will remain in place under this new agreement. We have been trying to sign this agreement for quite some time, in order to protect Canadians who are trying to create investments and jobs for Canadians in the Chinese market. This is an important step towards protecting the Canadian economy and our jobs.”

The investment treaty with China had been signed by Harper while he was at the APEC (Asia-Pacific Economic Cooperation) summit Sept. 9 in Vladivostok, Russia, before it was ratified in Canada.

In his open letter, Huron Regional Grand Chief Day stated, “Trade and investment treaties with other countries are very critical and complex endeavors affecting access to lands and resources. Neither China nor any other country should be legally granted delegated access to treaty lands that are still under current arrangements with First Nations in this country.”

Phillip thinks the agreement will have a negative impact First Nations.

“This investment treaty agreement with China will obviously look towards large scale development projects within our territories, such as pipelines, mines, dams, across the prairies and the rest of Canada where there are similar concerns with respect to large projects like in northern Ontario and northern Quebec. “

“The pace of development being fueled by off-shore investments, including significant investments on the part of China, are of grave concern to First Nations, vis a vis their Aboriginal and treaty rights,“ he added.

The Chiefs of Ontario are also worried about treaty rights. In addition to those worries, the organization points out that the FIPA agreement grants China investment preferences, favoured nation treatment, plus disputes would be heard by secret arbitration boards.

In the House, Mulcair had similar concerns when he also asked the Prime Minister if he was exposing the country to liability if resource deals are not struck. Prime Minister Harper assured that the country would be protected under the agreement.

Phillip thinks before the agreement came up, there should have been consultation.

“There’s a constitutional and legal obligation on the part of Canada to engage and consult with First Nations when there are proposals that have a very real potential to impact on our Aboriginal and treaty rights.”

With proposed pipeline developments from Alberta to British Columbia, plus other proposed developments in his province, Phillip is also worried about foreign investment in combination with looser environmental regulations.

“This investment treaty is absolutely designed to spur six developments in our territory. I think the fact that China has significant investments in the tar sands, as well as the Enbridge pipeline development, are examples of how that can impact the environment in our territory, not to mention the fact that the Harper government recently gutted the environmental processes.”