CIIT Committee Report

New Democratic Party of Canada

Dissenting Report

It is the position of the New Democratic Party of Canada (NDP) that this report’s recommendation 2 fails to address a central element of these negotiations, which is that Ecuador does not want trade agreements containing investor-state dispute settlement (ISDS). On April 21,2023 the citizens of Ecuador voted to keep Article 422 of their 2008 constitution, which prevents Ecuador from using ISDS in international treaties or instruments. It is the view of the NDP, that recommendation 2, through its silence on ISDS, provides the government with licence to ignore the will of the people of Ecuador. Any free trade agreement which allows for the interests of private corporations to take precedence over those of a sovereign state is simply the continuation of colonialism. As Chrystia Freeland, then foreign affairs minister, said in October 2018, “ISDS elevates the rights of corporations over those of sovereign governments.” She added, “In removing it [from CUSMA], we have strengthened our government’s right to regulate in the public interest, to protect public health and the environment, for example,…” The NDP believes Canada should be negotiating free trade agreements which are structured to ensure the rights of sovereign states take precedence over those of corporations.