Wednesday, 28 November 2012

Hamilton's Water Services

Here's the article from Flannery Dean posted on CBC Hamilton, Wed Nov 28th, 2012.

Hamilton's water services safe from CETA, say Council of Canadians and CUPE

Hamilton water services won't be on the table during the ongoing talks between Canada and the EU for the Canada-European Union Comprehensive Economic and Trade Agreement, according to the Council of Canadians and the Canadian Union of Public Employees.

Both groups said they have seen leaked documents that indicate that Canada's water services are being excluded from future CETA negotiations.

This is good news, said Hamilton resident Stuart Trew, National Trade Campaigner for the Council of Canadians. Trews said that had water remained on the negotiating table, CETA “could have potentially contained the means by which municipalities keep water public.”

“For us to include water in a trade agreement is extremely unsettling," said Ann Bruce, co-chair of the COC's CETA group in Hamilton, about the exclusion. "It shouldn't be traded for private gain and has to be protected for the common good."

“No one owns water,” she added.

Bruce, who also co-chairs the Great Lakes Water group, said that had water been included in the final agreement, Canadians could have found themselves in the position of one day buying their own water from an international company.

Procurement issues

But while Trews and Bruce say they are pleased by the exclusion of water services from the ongoing trade negotiations, there are some additional concerns about how certain requests by Europe still under discussion could affect water in the future.
'One of the great concerns is the fact that procurement remains on the agenda.'—Ann Bruce, Council of Canadians
“One of the great concerns is the fact that procurement remains on the agenda,” Bruce said.

Europe is pressing Canada to guarantee through the trade agreement that EU companies would be able to bid on provincial and municipal projects. Should the EU achieve that aim it would effectively strip municipalities of their powers to choose local suppliers, forcing them to take bids from powerful foreign corporations.

Trews cites the example that if a municipal government wanted funding to improve a sanitation system, provisions brought in under CETA might mean an “international company could dispute a municipality's decision to favour a local public route.”

These types of procurement issues go beyond water to cover a vast array of goods and services. The city of Hamilton was so concerned by the implications of procurement-related conditions being discussed in the trade negotiations that in December 2011 councillor Brian McHattie spearheaded a motion to have Hamilton excluded from CETA.

Hamilton isn't the only city to want to opt out of CETA. It's one of 40 communities throughout Canada to pass similar motions.

For Bruce, the reasons for this are clear.

“Local government would not be able to favour local tenders or bidders,” said Bruce, referring to how European influence could forever alter how local governments in Canada govern and spend tax dollars.

“We couldn't have buy-local initiatives. International companies could bring a claim against the municipality,” for favouring local business or products under such an agreement.

“Our city would be bound by these international trade agreements,” she said.

For Trew, however complicated CETA negotiations are, issues surrounding procurement are simple and centre on one question: “Who has the final say in how local society develops, us or multinationals?”

Friday, 9 November 2012

Requiem for Remembrance Day - Roman Catholic Mass for the Dead

Verdi REQUIEM: Lest We Forget
A Chorister’s Perspective
By Ronald Jewell

“LEST WE FORGET” – this is our call for individual and collective remembrance, for the many who have gone before us and paid the ultimate sacrifice in the cause of freedom, justice and peace. We owe them our everlasting gratitude, and give thanks for their lives. For each we implore: "Grant them eternal rest, O Lord" – Requiem aeternam dona eis, Domine".

In almost all cultures from the earliest times, music has been a means of expressing all of our emotions when facing death and the dead, and to give solace to the bereaved. Musical settings of the Roman Catholic Mass for the Dead express all of this, and the musical & emotional apex of this development is perhaps the Messa da Requiem composed by legendary Italian opera composer Giuseppe Verdi. Scored for four soloists, double choir and full orchestra, Verdi uses vigorous rhythms, sublime melodies, and dramatic contrasts – much as he did in his operas (think Aida, La Traviata, or Rigoletto) – throughout the work to express the powerful emotions engendered by the text. The tears, the anger and the search for comfort and meaning are all contained in the words – and magnified in Verdi's score, which is sweepingly operatic one moment, and powerfully intimate the next. As the Toronto Star said of the work: “If everyone could face death with the help of a live performance of Verdi's Requiem, the world would have no more need of grief counsellors.”

I can think of no better way to honour our dead and help us remember than to participate in a performance of this monumental work. In my case, it was as a chorister with a 100-voice chorus and acclaimed soloists all under the direction of Maestro Sabatino Vacca.

A performance of this work begins not with the downbeat, but when the conductor takes to the podium and stands there, motionless, as the hall becomes silent, a moment of silence to prepare us – Lest We Forget. The silence becomes the music. The Maestro slowly raises his baton, and the cellos begin the first movement with a whisper and we all enter with a sotto voce Requiem, requiem aeternam dona eis, Domine - Grant them eternal rest, O Lord. The table is set. The spiritual feast is to follow.

All eyes of the Chorus and Orchestra are on the Maestro, and we see every nuance, every little shape of a phrase, every accent magically reflected in his hands, his body, his face – we see yearning, pleading, rage, sorrow, anguish, joy, ecstasy … love and peace. Of course, Verdi gave it all to him, but he takes it and gives it form. Our challenge is to honestly portray the complex emotions that anyone has to deal with when losing someone they hold dear.
The Dies Irae is terrifying. Rex tremendae is awe-inspiring. The Lacrymosa as sorrowful as anything I have ever sung (Mournful day. That day of sighs ….).
The Sanctus, initially fearsomely declamatory with a brassy fanfare to announce “Holy, holy, holy, Lord God of hosts”, then takes off with a sprightly 8-part fugue scored for double choir stating that “the heavens and earth are full of Thy glory; Hosanna in the highest!” The angelic Agnus Dei (Lamb of God, who takest away the sins of the world, give them rest …) which is always magical to me because it is sung a capella by the soprano and mezzo-soprano, a most haunting sound – then the choir fills in the rest of the hymn.

And finally the Libera Me, where the Soprano cries out, pleading, “Deliver me, O Lord from the eternal death on that dreadful day when the heavens and the earth shall be moved and Thou shalt come to judge the world by fire.” It ends with a repeated,” Deliver me, O Lord, from the everlasting death, on that dreadful day.” And then, pianissimo, “Deliver me. Deliver me”.

As the final chord dies away, we remain in that mystical space, a sense of longing, a sense of hope. The Maestro’s arms still outstretched, the music continues in the silence. It calls not for immediate applause, but a moment of introspection, reflection, and remembrance, our personal prayer – “LEST WE FORGET”.

This article was thoughtfully written by fellow chorister Ronald Jewell.

In 2011, Big Lady Justice sang as a fellow chorister with Ronald Jewell accompanied by the Etobicoke Philharmonic Orchestra.

Arlington National Cemetery
November 11th should be a holiday in Ontario in honour of all individuals who sacrified their lives for our freedom.

Monday, 5 November 2012

U.S. Election 2012


Big Lady Justice is eagerly awaiting to see tomorrow's U.S. Election.

Although Mitt Romney has the potential to cause a major upset, Big Lady Justice knows that Obama will be re-elected for his second term.

In 2000, Big Lady Justice lived in Boston, Massachusetts. Politically, it was exciting times. Just prior to the election, many voters in Massachusetts and Rhode Island were undecided. For a month, people speculated on who the next President would be. What a shame that George Bush stole the Presidency in 2000 from Al Gore.

Big Lady Justice suspects tomorrow will not be as close as the 2000 election, but will be watching with great interest.

President Harper meanwhile is presently in India, but we all know it's really China he's after.  Over 60,000 Canadians flooded President Harper's Inbox recently with letters about the Canada-China FIPA last week.

Stockwell Day replied to Big Lady Justice's email on to him (and Ed Fast, John Baird, Roth, etc) about the Canada-China FIPA. Stockwell Day politely thanked Big Lady Justice for her comments & lyrics, and said that ". .. your perpsective is helpful to me." Why, Stockwell, you're welcome.

Tuesday, 9 October 2012

Perils of Canada-EU Free Trade

The Council of Cdns ("CoC") is very concerned about the on-going negotiations between our federal government and the EU, the Canada-EU Comprehensive Economic Trade Agreement ("CETA").

This month, October 2012, is the final round of negotiations in Brussells. 

Last month, September 2012, Interchapter CETA / trade justice groups (Windsor, London, Hamilton) met to discuss the CETA.  CoC folks expressed their dissatisfaction & concern about the perils of Canada-EU Free Trade at an Open Mic session. Below are some ballads that were expressed at the Open Mic.


There are Scary Days
--- to the tune of All in the Family’ (sung by Jean Stapleton & Carrol O’Connor)

Songs that made the Hit Parade
Boy, that guy Stephen Harper, man!
Secret deals inside the FTAs. . .    [FTAs  are Free Trade Agreements]
Gals like us, we ain’t afraid
There are scary days!

Though everybody pulls his weight
CETA ain’t not gonna be fair trade
There are scary days!
And you know who you are then!
Tories are big business, but you ain’t one of them!
Mister, we could use a man like Tommy Douglas again!

Canadians ain’t at all content.
Fifty dollars don’t pay the rent
Freaks are in the Tories’ tent
These are scary days!
Take a little Sunday spin, go to watch the Ticats win
Have yourself a visit to tradejustice.com
Facts are myths and myths are Wrong
Ed Fast really has it all Wrong
Secret CETA negotiations – so very Wrong!!
These are Scary Days!


  
“Crazy Harper”
—to the tune of “Crazy(written by Willie Nelson, also sung by Patsy Cline)

Crazy
Harper’s Crazy for favouring his cronies
He’s crazy
Crazy for selling us out to the EU
We knew he’d do just as he wanted
And then some day
He’ll deceive us, just like with the EU

Worry
Why should we let ourselves worry?
Wondering
What in the World can we do?

Oh, crazy. . .
For thinking that Harper could protect you
Harper’s crazy for lying
And crazy for not trying
And he’s crazy for signing on with the EU

Crazy for thinking that Harper could protect you
He’s crazy for lying
He’s crazy for not trying
And he’s crazy for Unfair Trade with the
EU



CETA ain’t what it Seems
—to the tune ofIslands in the Stream(written by the Bee Gees and sung by Kenny Rogers & Dolly Parton)

Baby, I can tell you, CETA text is unknown
Draft, leaked text–where’s the rest to review with a fine tooth comb?
What’s the latest exactly? There is something goin on
Government procurement will send us down the drain
Hold on Stephen Harper, you gotta explain
Every single provision
We gotta know what’s goin on
Tender calls will yield bids
From local and EU investors
Any unsuccessful bidders
They can seek compensation,
Investor state claims, ah-ah
Making claims with each other, ah-ah

Chorus:

It ain’t what it seems
No social equity
No food security
How can CETA be right
Sell away our fresh water to another World
NAFTA-style arbitration, ah-ah
From one dispute to another, ah-ah

No “Buy Local” preference if the CETA is signed
EU investors will claim material harm
And you did read AbitiBowater
Woe to Canada in the damages phase

AbitiBowater will happen again and we got no doubt
EU’s dominance in negotiations, Canada’s weakerno doubt
And the message is clear
This could be the Year for the damned thing

No more should Harper deny
Baby, the inevitable investor state challenges
We started from a weaker negotiating position, ah-ah
Makin claims with each other, ah-ah

Repeat Chorus

Sell away our Power
Oh, come sell away our Water



Are you Gonna Go Harper’s Way?
 to the tune of “Are you Gonna Go my Way?” (Lenny Kravitz)

He was born in Toronto
Did you choose him? Is he the one?!
He didn’t come to save the day!
And we won’t leave until he’s done
So that’s why you’ve got to try
You got to breath and have some fun
Though we’re not paid to play his game
And we can’t stop until we’re done

But what I really want to know is
Are you gonna go Harper’s way?
And I got to got to know

We don’t know the full, draft CETA text
This we can’t leave, we have to get done
We need disclosure and democracy
And turn this CETA back around
So tell me why, Harper’s got to deny
And threaten our rights, one by one
We’ve got to object to the CETA
We’ve got to act now and be informed

But what I really want to know is
Are you gonna go Harper’s way?
And I got to got to know

Are you gonna go Harper’s way?
‘Cause baby, I got to know, yeah


Tuesday, 14 August 2012

Prime Minister Stephen Harper at BBQ


This pic is from a BBQ last night in Mississauga at the Croatian Recreation Parish Park. . . this pic is just after Stephen Harper walked outside the kitchen into public view. I wish I brought my Council of Cdns banner! Stephen Harper thinks the Council of Cdns are extremists. His security dude had an evil eye. . .

Monday, 13 August 2012

Leadnow Hamilton


Pic of Leadnow Hamilton gathering - Friday, Aug 10th, 2012, Gage Park
Special thanks to Elysia Petrone for organizing very good gathering!
check out: http://leadnow.ca

Tuesday, 7 February 2012

Potential Impact of CETA


Since discovering the newly formed Hamilton Chapter of Council of Canadians, Big Lady Justice has decided to start letter writing.

Below is a copy of her first letter sent yesterday, Feb 6, 2012.



Next step on Big Lady Justice's agenda: call MPs!                                                                   

                                                                                                                            
Chris Charlton
                   chris.charlton@parl.gc.ca
232-845 Upper James St,
Hamilton, Ontario L9C 3A3

Scott Duval
                   Hamilton City Hall 2nd floor
                   71 Main St. West
       Hamilton, Ontario L8P 4Y5

Monique Taylor
                   mtaylor-co@ndp.on.ca
Unit 2, 952Concession Street
Hamilton, Ontario L8V 1G2


Dear Ms. Charlton, Ms. Taylor & Mr. Duval,

Re:       STOP THE CETA

I’d like to begin by thanking you for proudly representing the interests of our community.

I have to tell you, I am concerned about the potential impact CETA will have on our economy and our quality of life, here in Hamilton.

Background
Canada’s existing commitments covering provincial and local government purchasing under international trade treaties such as the NAFTA are quite limited.

The municipal government purchasing is fully excluded under both the NAFTA procurement chapter and the World Trade Organization’s (WTO) government procurement agreement. Consider for example, the basic rule in NAFTA for the sub-federal levels of government—Article 105 Extent of Obligations of the NAFTA— which expressly states that provincial and state governments will be covered, EXCEPT for chapters where states & provinces are exempted (such as Chapter 9 Technical Barriers to Trade ((TBT) requirements).

The NAFTA has a general rule that these sub-federal rules are covered. Most of time, under the WTO agreement, the sub-federal level is not covered (or at least not covered with such a strong obligation on part of the federal government).

Consider Art. 901 in the NAFTA Internal federal/state/provincial separation of powers. When a similar foreboding provision appears in the CETA, the federal government could always mandate compliance by sub-federal governments and non-governmental organizations (NGO).   Investor parties in the EU could seek through such measures to ensure observance in the CETA by municipalities, provinces, or NGOs.

Please explain—how can our government balance our sovereignty, trade interests and non-trade interests in a transparent and accountable manner within the CETA?  
The leaked text of the CETA procurement chapter reveals that coverage under its rules would preclude the use of legitimate and beneficial public procurement policies. It would appear that the EU’s highest priority in the CETA talks is unconditional access to government procurement, particularly at the sub-national level.

What is your position on the CETA? What are you going to do, to prioritize legitimate objectives of our domestic market? Will the CETA also exclude protection of domestic production, as the NAFTA does?  

Legitimate Objective
Consider how the definition of ‘legitimate objective’ does not include protection of domestic production (see Article 915 of the NAFTA). A legitimate objective can be any standards related measure. That means that if there is an international standard, then you HAVE to use it as a basis. (Please see Article 905 Use of International Standards of the NAFTA).

Previously, the international standards were not seen as binding, until the Ch.7 Sanitary and Phyto-sanitary (SPS) and Ch.9 Trade Barrier Tariffs (TBT) agreements in the NAFTA and WTO.  

Are you prepared to bind our municipalities to these international standards, which turn into trade obligations?

What is our government doing, to evaluate whether the demonstrable purpose of the measures in the proposed CETA are to achieve legitimate objectives?


Market Access Approach
It seems that since the mid 90s, —there has been a shift in trade liberalization to a stronger Market Access approach of non-discriminatory treatment from the previous National Treatment (Art. 1102) in the NAFTA. Our government has not been able to balance non-trade interests with trade interests throughout this shift, but instead has been obligated to provide foreign investors with better treatment than national citizens. (Please see Article 1110 Expropriation and Compensation in the NAFTA)

Property cannot be expropriated unless it is done for a public purpose, on a non-discriminatory basis, in accordance with due process of law, and on payment of just compensation. This applies to foreign investment as well.  But foreign investors get better treatment than National Treatment. Contracting Parties in the CETA would be obliged to give the investors of other CETA Parties treatment no less favourable than they give their own domestic investors.  (Please also see Art. 1103 Most Favoured Nation Treatment (MFN)).

Most Favoured Nation
MFN guarantees that treaty-protected investments will be treated at least as favourably by the CETA state as nationals and firms from any third state. Essentially, MFN means that foreign investors cannot be singled out and treated poorly compared to other foreign treaties.

There is little doubt the CETA will include controversial articles similar to NAFTA protecting foreign investors and investments, against expropriation.
           
It seems that the main source of trade disputes —which appear to be potential, real obstacles to trade include: product standards; certifications; labeling requirements; and similar requirements by individual countries. In order to resolve these trade disputes, our government will likely implement a similar mechanism for resolving investor dispute settlement in the proposed CETA, similar to Chapter 11 of the NAFTA.

In fact, NAFTA deals with more than 1 level of govt within each Party, so the Agreement provides that subnational govts must provide the best “in-province” or ”in-state” treatment available. Please see Article 1102(3) of the NAFTA. In comparison, the proposed CETA will include municipalities.

Serious risks of material injury to our domestic market, would be permitted by such investment rules as proposed under the CETA, similar to Chapter 11 in NAFTA.

Unfortunately, in Chapter 11—UNICTRAL’s full international commercial arbitrations can get very expensive. And if it is under ICSID, the fees are controlled in an administrative structure. The claimant investor can also choose the Washington Convention as one of three different  types of dispute rules that claims can be submitted under: UNICTRAL; ISCID or Washington Convention. From perspective of the parties it can make a big difference.  Look at the matters that have gone to arbitration, they’re generally smaller companies.

When and if the CETA implements provisions substantially similar to Chapter 11 of the NAFTA, the investor must agree to consent to the investor-state arbitration rules and waive all other legal recourse other than that provided by the CETA before a claim can be considered.  (Please see Article 1121 of the NAFTA)

Under the CETA, foreign companies would have the right to challenge both the process and the terms of covered procurements, creating a significant risk of litigation for public authorities.

Consider the consequences of the CETA—exposing domestic small companies to expensive disputes by foreign claimants for breach of the CETA provisions. Once there is a final award, it’s binding.  The Panel structures set up are made to favour commercial arbitrations.

In the NAFTA set up process for private tribunal panels, there was very little input for outside parties, including NGOs to get involved. This is the case with the undisclosed CETA set up process as well, where our government appears to be subordinating the public interest of citizens to the private interests of negotiators. Private, administrative commercial arbitrations undermine the ordinary control in a judicial process.  

The tribunals awards are supposed to be a monetary award of damages in lieu, but it could also award restitution of property to the EU investor; or the tribunal could tell the domestic company to give the property back. If the parties do not comply, the domestic court system can be used for collections.

Expanding public serves into areas where substantial foreign investment interests are already established will almost certainly trigger investor-state challenges and compensation claims. It is a foregone conclusion that investor parties to the CETA will demand that host states accord investments Minimum Standard treatment (please see article 1105 of the NAFTA) which requires fair and equitable treatment and full protection and security to foreign investors and investments.

Unfortunately, federal negotiators, however, have a strong built-in interest in getting municipalities covered to the fullest extent possible. As already requested in the motion initiated by the Council of Canadians on December 12, 2011—the Province of Ontario needs to fully disclose its initial procurement, services and investment offers to the EU; explain how the impacts of the CETA would have on municipal governance, and give M.U.S.H sector entities the freedom to decide whether or not they will be bound by the procurement, investment and regulatory rules in the agreement. These non-disclosed particulars are not the private, divine right of kings, nor should they be withheld from citizens.

It seems that municipalities will not gain from reciprocal access to EU procurement markets. The type of economic, social and environmental benefits that progressive government procurement policies can bring will be sorely needed as we move forward into the 21st century.

Progressive municipal leaders must speak out publicly and build support and awareness among their own citizens and electors.

Thank you for your time.


Yesterday, Big Lady Justice wrote a letter to her elected representatives. 
It concerns the Canada-European Union Comprehensive Economic  & Trade Agreement (CETA).