ISDS and Canadian Trade

AI summary

Petitioners say Investor–State Dispute Settlement (ISDS) mechanisms allow foreign investors to challenge Canadian regulations before international arbitration and could deter governments from adopting strong environmental, public‑health and Indigenous protections. They ask the Government of Canada to reject implementation of the Canada–Ecuador Free Trade Agreement, terminate bilateral investment treaties containing ISDS, refuse to sign future agreements with ISDS, and support a multilateral treaty to phase out ISDS as part of a just transition from fossil fuels. The petition also asserts that most Canadian ISDS cases involve mining and fossil‑fuel companies; it does not include a government response.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Government of Canada Investor–State Dispute Settlement (ISDS) allows foreign investors to challenge regulations before international arbitration tribunals outside Canada’s courts, giving corporations powers to challenge legislation passed by elected governments; ISDS can threaten protections addressing climate change, pollution, biodiversity loss, resource extraction and public health. Costly claims may discourage governments from adopting strong protections, undermining present and future generations’ right to a clean, healthy and sustainable environment; These risks are especially serious for Indigenous peoples. Disputes involving mining, pipeline, energy or forestry projects may affect Indigenous lands, waters and livelihoods. Policies must uphold treaty rights, the duty to consult and the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); The recently signed Canada-Ecuador Free Trade Agreement is a particularly clear example of an agreement that could violate Indigenous rights and environmental protection; Most Canadian companies filing ISDS cases abroad operate in the mining and fossil-fuel sectors; Governments must remain free to regulate the economy, protect workers and communities, safeguard the environment, honour Indigenous rights and uphold Canadian courts’ authority without fear of financial penalties; and As more countries turn away from or limit ISDS, Canada risks becoming an outlier. We, the undersigned, residents of Canada, call upon the Government of Canada to: 1. Reject legislation implementing the Canada–Ecuador Free Trade Agreement; 2. Terminate Canada’s bilateral investment treaties that contain ISDS; 3. Commit to not signing future agreements or contracts, or enacting laws, that contain ISDS; and 4. Support a future multilateral treaty for a just transition away from fossil fuels with provisions to end ISDS.

Government response

No government response is available yet.