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Article: Ontario Court of Appeal dismisses appeal of Union challenging constitutionality of NAFTA arbitration tribunals set up to resolve investors disputes since they deal only with issues arising between parties to nafta and have not been incorporated into Canadian domestic law.
- Article from:
- International Law Update
- Article date:
- January 1, 2007
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The Council of Canadians, members of the Canadian Union of Postal Workers and members of the Charter Committee on Poverty Issues filed a suit in the Ontario courts. It challenged the constitutionality of Canada's agreement in the North American Free Trade Agreement (NAFTA) to set up arbitration Tribunals to resolve claims by foreign investors that they had suffered damage due to governmental measures undertaken by Canada.
The application judge first took up the question of whether Section 96 of the Constitution Act of 1867 applied to the investor-state arbitration mechanism in Chapter 11 of NAFTA. She found that it did not because Canada had not made NAFTA part ...