“Free trade” has become a euphemism for “whatever power wants,” no matter how tangentially tied to transferring goods across international borders.
In an extreme example, Ottawa recently said its Free Trade Agreement (FTA) with Israel trumps Canada’s Food and Drugs Act since accurately labelling two wines might undermine a half-century long, illegal, military occupation.
Of little connection to international trade, the North American Free Trade Agreement — and subsequent FTAs — has granted foreign corporations the ability to bypass domestic courts and sue governments in secret tribunals for pursuing policies that interfere with their profit making. Over 75 cases have been brought before the Investor State Dispute Settlement section of NAFTA, which has resulted in tens of millions of dollars paid to companies impacted by Ottawa banning the export of toxic PCB wastes or the import of suspected neurotoxin gasoline additive MMT.
Strengthening this dynamic, Canada’s “free trade” deal with the European Union (CETA) empowers companies to sue municipalities if they expand public services. For instance, a municipality unhappy with private water delivery could face a suit if they tried to remunicipalize (or de-privatize) this service.
CETA, TPP, WTO and other self-described “free trade” agreements also extend patent and copyright protections (monopolies), which stifle competition, a pillar of free trade ideology. CETA’s increased patent protections are expected to drive up already high Canadian pharmaceutical drug costs by between $850 million and $1.65 billion a year. Negotiations to “modernize NAFTA” could end up granting big pharma perks that would effectively block Canada’s ability to set up universal pharmacare. Similarly, the yet to be signed TPP strengthens patents and would increase the length of copyright in Canada from 50 to 70 years after the death of an author.
It is little exaggeration to say politicians have come to employ the term “free trade” to mean “whatever powerful corporations want.” But, the Trudeau Liberals recently broadened the term’s definition even further. In a move to make “free trade” mean “whatever powerful interests want,” they announced that Canada’s FTA with Israel supercedes this country’s Food and Drugs Act.
After David Kattenburg repeatedly complained about inaccurate labels on two wines sold in Ontario, the Canadian Food Inspection Agency (CFIA) notified the Liquor Control Board of Ontario (LCBO) that it “would not be acceptable and would be considered misleading” to declare Israel as the country of origin for wines produced in the Occupied Palestinian Territories. Quoting from official Canadian policy, CFIA noted that “the government of Canada does not recognize Israel’s sovereignty over the territories occupied in 1967.”
In response to pressure from the Israeli embassy, Centre for Israel and Jewish Affairs and B’nai Brith, CFIA quickly reversed its decision. “We did not fully consider the Canada-Israel Free Trade Agreement,” a terse CFIA statement explained. “These wines adhere to the Agreement and therefore we can confirm that the products in question can be sold as currently labelled.”
In other words, the government is publicly proclaiming that the FTA trumps Canada’s consumer protections. But, this is little more than a pretext to avoid a conflict with B’nai B’rith, CIJA and Israeli officials, according to Canadian Centre for Policy Alternatives Trade and Investment Research Project director Scott Sinclair. “This trade-related rationale does not stand up to scrutiny,” Sinclair writes. “The Canadian government, the CFIA and the LCBO are well within their legal and trade treaty rights to insist that products from the occupied territories be clearly labelled as such. There is nothing in the CIFTA [Canada–Israel FTA] that prevents this. The decision to reverse the CFIA’s ruling was political. The whole trade argument is a red herring, simply an excuse to provide cover for the CFIA to backtrack under pressure.”
In another commentary on the government “backtracking under pressure,” Peter Larson points out that CIFTA grants Israel an important concession that seeks to sidestep Canada’s commitments under international law. The agreement says, “unless otherwise specified, ‘territory’ means with respect to Israel the territory where its customs laws are applied,” but omits “in accordance with international law,” which is in many of Canada’s other free trade agreements. This omission seeks to allow goods produced on land occupied in contravention of the 4th Geneva Convention and Statute of Rome to benefit from CIFTA.
David Kattenburg and his lawyer Dmitri Lascaris will be challenging CFIA’s decision in court. On Monday they filed an appeal of the wine labelling and released a statement to the media.
Kattenburg and Lascaris’ court challenge offers NDP leadership candidates Niki Ashton, Charlie Angus, Guy Caron and Jagmeet Singh a good opportunity to express their opposition to defining “free trade” as “whatever power wants.”