Dear Editor:
Grassroots democracy only functions when citizens take the time and effort to become knowledgeable of the facts surrounding controversial issues.
Relying on the opinion of noisy "experts" with other agendas to promote is risky.
The Canada China Foreign Investment Promotion and Protection Agreement has been available on the Government of Canada website since Sept. 26.
Articles 33 and Annex B10 clearly state that no claim would be allowed if the host government enacts legislations and/or regulations for the public good, including environmental protection, cultural industries, financial stability, national security and resource conservation in a non-discriminatory manner.
Such legislations cannot be overturned by an arbitration tribunal (Article 31).
Litigious Americans sued Canada more than 300 times over the last 18 years under Chapter 11 of NAFTA and only succeeded in three cases.
China worries more about the value of working relationships; only under exceptional circumstances would its government allow a Chinese investor to file a claim which may prejudice future Chinese investments in Canada.
Without this agreement, Chinese investments in Canada would receive the protection of the well-developed Canadian judicial system but Canadian investments in China would have to live with the uncertainties of a developing Chinese judiciary.
This deal will level the playing field by having an independent tribunal in a third jurisdiction to arbitrate, in a transparent manner at the election of the defending party (Article 28), any unresolved disputes.
Arbitration wards may be reviewed by domestic courts (Article 32-2).
David T. Fung West Vancouver
