The Toronto Star One Yonge Street, Fifth Floor,
Toronto, Ontario
M5E 1E6
CUPW welcomes NAFTA victory while decrying NAFTA rules
Dear Editor:
The defeat of the UPS challenge against Canada Post (Canada Post wins NAFTA challenge launched by UPS,
June 13, 2007) is victory for working people but does not mean that NAFTA works.
UPS sued Canada under NAFTA for US$160 million, claiming that its investments were being restricted by
Canada’s publicly funded network of mailboxes and post offices because this network allegedly provided Canada
Post with an unfair advantage. Under NAFTA’s Chapter 11, corporations can challenge governments if they think
their investments are restricted by government measures. NAFTA makes virtually no provisions for
consultations with civil society group, environmental groups or labour groups. In fact, the bulk of the
consultations are held in secret.
When the Supreme Court of Canada hears a case, they hear input from 3rd parties that are not directly
involved in the case. For example, in a case where a company is accused of polluting a river, aside from
hearing from the parties directly involved in the complaint, the court will hear from environmental groups,
business groups and community groups before making a decision. These hearings have the added benefit of
taking place in public.
It should go without saying that the any decision-making process affecting large groups of people should
involve consultations and be open to the public. It is a foundational principle of democracy.
When the three member NAFTA tribunal made its ruling against UPS, it was a good decision for working
people. However, it does not change the fact that it is still wrong that the public and workers did not the
right to be heard or to have input into a decision where their jobs or public services were threatened.
Deborah Bourque,
National President
Canadian Union of Postal Workers
613-236-7238
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