Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Thursday, October 16, 2014

Closed-door FIPA: some more thoughts

Let’s consider an important question about the Foreign Investment Promotion and Protection Agreement (FIPA) between Canada and China. Why was there debate after signing - and ratification – not before?

Prime Minister Harper signed the deal in Russia on 9 September 2012. It appears that the arrangement was made with an authoritarian country in another authoritarian country by an authoritarian Prime Minister.

The deal sat in limbo for two years until it was recently ratified on 12 September by Cabinet, not by Parliament, despite the fact that it is a 31 year contract – with no chance for abrogation until the 15th year.  Clearly the Chinese government views things long term – in the light of (multiple) “Five Year Plans”. Canada’s Free Trade agreement with the United States (NAFTA), negotiated under the Mulroney government, was a national election issue and requires only six months’ notice for Canada to exit the agreement.

Here we see the difference between dealing with the authoritarian planning of an emerging superpower in Beijing and how two asymmetrical and elected democracies came to terms under a negotiated NAFTA.  So it appears that Harper folded before Chinese government interests. No debate in Canada means no chance of loss of face for China.  And in the interest of the apparent ascendancy of a binding economic treaty (autonomous from Canadian democracy now liable to be sued) Harper sacrificed Parliament (this time there was no need to prorogue) again absolving it of its primary function to parler (talk).  (By the way, the Speaker of the House of Commons should be made aware of this latter point).

In defence of themselves, and the Canadian public, the Hupacaseth First Nation in B.C. challenged FIPA by means of federal court action, demonstrating that our legal system is the true conservative force in the nation.  That action was still unresolved when FIPA was ratified, another boot to the rule of law by Harper (following Hobbes who wrote against Sir Edward Coke, admirer of the Magna Carta and legal mind behind the Petition of Right of 1628).

Notice also the timing of the ratification. It came on a no news Friday afternoon just days after Harper joyously announced the discovery of one of the Franklin ships.  Harper leveraged his “national sovereignty” capital from the Franklin discovery and applied it to the widely-disdained, secretive FIPA.  Besides, Canada’s warlord had been outwitted by ancient Chinese warlords, and Harper needed to shore up a strained relationship, certainly in order to travel to China this November, for the planned meeting with APEC leaders.

Parliament’s non-debate on a 31-year-agreement is an ominous sign, worse than Harper’s multiple omnibus bills. Consider the French liberal thinker (and traveller) Alexis de Tocqueville who warned of the likes of our authoritarian Prime Minister in his Democracy in America (1835): “I foresee that if we fail to establish among us the peaceful authority of the majority in time, sooner or later we shall arrive at the boundless power of one man.”[1]




[1] Alexis de Tocqueville, Democracy in America, tr. Gerald E. Bevan, intro. by Isaac Kramnick (Toronto: Penguin, 2003), pp. 369,370.

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