“The record-setting $130-million NAFTA settlement with AbitibiBowater has effectively privatized Canada’s water by allowing foreign investors to assert a proprietary claim to water permits and even water in its natural state, said trade lawyer and Council of Canadians board member Steven Shrybman, in a presentation to Parliament today.
“”It would be difficult to overstate the consequences of such a profound transformation of the right Canadian governments have always had to own and control public natural resources,” said Mr. Shrybman in his presentation to the Standing Committee on International Trade, which is studying the AbitibiBowater NAFTA settlement from last August.
“”Moreover, by recognizing water as private property, the government has gone much further than any international arbitral tribunal has dared to go in recognizing a commercial claim to natural water resources.”
“In 2008, AbitibiBowater, a Canadian firm registered in the United States, closed its pulp and paper mill in Grand Falls-Windsor, NL. The company asserted rights to sell its assets, including certain timber harvesting licenses and water use permits. These permits were contingent on production. More importantly, under Canada’s constitution, they are a public trust owned by the Province, not by private firms. So the Newfoundland government moved to re-appropriate them as it has a right to do under Canadian law. AbitibiBowater sidestepped the courts to challenge the Newfoundland government.”
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