What follows is a letter I’ve just sent to Prime Minister Trudeau, International Trade Minister Freeland, and several MPs, about my concerns with the Trans-Pacific Partnership and the need for meaningful public consultation on it. (This letter is adapted from a template provided by the Council of Canadians for mobilizing public action on this Charter-trumping, corporate-rights deal.)
TO: Justin Trudeau, Prime Minister; Chrystia Freeland, Minister of International Trade
CC: Rona Ambrose, Leader of the Conservative Party; Thomas Mulcair, Leader of the NDP; Rhéal Fortin, Leader of the Bloc Québécois; Elizabeth May, Leader of the Green Party
Subject: Please hold meaningful public consultations on the TPP
Dear Prime Minister Trudeau and Minister Freeland,
Concerning the Trans-Pacific Partnership (TPP), you have promised to consult meaningfully with Canadians and act on what you hear. I commend you for this promise, and take you up on it now that the agreement is public.
I have serious concerns about the TPP. Your previously stated support for it contradicts your stated commitments to strengthening the middle class, the arts, and Canadian democracy. The TPP’s investor-state dispute settlement (ISDS) mechanisms would privilege and entrench corporate rights over citizens’ Charter rights (see Dr Ariel Katz’s recent column in the Toronto Star); it would exacerbate the middle class’ destruction; and it would, in effect, impose US laws to trump Canada’s own.
As a professor who researches copyright, I have particular concerns with not only the TPP’s ISDS provisions, but more specifically with its Intellectual Property (IP) chapter. That chapter will needlessly cost Canada billions in pharmacare by toughening patent protections for vital medicines. That chapter will also seriously damage Canadian arts and culture by extending the term of copyright protection from 50 years after the creator’s death to 70 years. 50 years is already far longer than what economists argue is necessary to incentivize new creation, which is more like 12-14 years at most (see the UK government’s 2011 Hargreaves report, p. 19). There’s no economic justification (beyond sheer corporate greed) to lock down culture and impoverish the public domain for generations to come. Furthermore, that chapter will reintroduce Internet-censoring and access-denying provisions much like those of the USA’s 2011 SOPA bill that was roundly defeated after global public outcry.
Therefore, the TPP requires rigorous, independent review to assess whether it is in Canadians’ best interests.
Specifically, I request that you:
1. Ask the Parliamentary Budget Officer to conduct a comprehensive, independent analysis of the TPP text. The analysis must assess the deal’s impact on human rights, health, employment, environment and democracy.
2. Hold public hearings in each province and territory across Canada as well as separate and meaningful consultation with Indigenous communities and First Nations. No agreement can be ratified without full consent.
3. Protect any progress made in Paris at the United Nations Conference on Climate Change (COP21) from the investor-state dispute settlement provisions (ISDS) in the TPP. Furthermore, ISDS must be excised from the TPP.
Thank you for considering these comments and exhortations.
Mark A. McCutcheon, PhD