img

Opinions on CETA

CETA’s official name is Comprehensive Economic and Trade Agreement. But it should be called 'Cleverly Executed Takeover Agreement', because that exactly what it is.

Hon. Paul Hellyer
Hon. Paul Hellyer Former Acting Prime Minister - Canada, Plaintiff

In short, the treaty (CETA) places the rights of private foreign investors over those of the Canadian Constitution and Canadian citizens.

Rocco Galati  B.A., LL.B., LL.M.
Rocco Galati B.A., LL.B., LL.M. CETA Constitutional Legal Challenge Lawyer CBC Article

What is this free trade tactic really all about? Its about taking away democracy for one thing. It's about rendering the nation state less than sovereign. It's about a neo-liberal agenda being put in place so firmly, globally, that we are stripped of all our rights.

Ann Emmett
Ann Emmett President of COMER, Plaintiff COMER

What is the CETA Constitutional Legal Challenge?

In short, CETA places the rights of private foreign investors over those of the Canadian Constitution and Canadian citizens. The CETA Constitutional Legal Challenge was launched in the Federal Court of Canada to prove that the CETA violates many of the constitutional rights and freedoms of Canadians. We will ask the courts to stop any further implementation of CETA and reverse CETA as trade law to protect our country, its citizens and their rights and freedoms. Therefore, the CETA CONSTITUTIONAL LEGAL CHALLENGE has been initially funded, but will require further financial support to see it through to the Supreme Court. The future of every Canadian hangs in the balance, so PLEASE MAKE A DONATION NOW NO MATTER HOW LARGE OR SMALL. The continued funding of this initiative rests with all concerned Canadians who feel the need to stop this corporate takeover of Canada.

About CETA

The Comprehensive Economic and Trade Agreement (CETA) is the latest in a series of trade agreements designed by the rich elite for the rich elite as another step toward their goal of globalization, a world without borders, in which they would be the unelected monarchs. Previous treaties like NAFTA have already limited our sovereign rights to make laws for our own safety and well-being, but CETA, the Trans-Pacific Partnership and the round of new treaties presently in the works are ten times worse. They are designed to effectively end our self-government in favor of trans-national corporations and the international banking cartel. CETA is illegal because, in addition to other factors, it affects the Canadian parliament’s exclusive jurisdiction over money and banking. Why is that important? Simply because there is no solution to our economic stagnation except the use of significant amounts of government-created debt-free money to dilute the ocean of debt in which we are drowning. Canada is the only country in the world that can put this solution into effect quickly, and we have a moral responsibility to ourselves and future generations to use our power for our own benefit. CETA will, when implemented, prohibit us from utilizing that power.

Introduction to the CETA Constitutional Legal Challenge

CETA is not sexy, it's not simple, and it definitely is not a tweetable moment. CETA is arguably one of the most important turning points in Canadian history, and every Canadian's livelihood, hangs in the balance. CETA, and all free trade agreements, are deliberately sold to to the public as a step forward in growth and prosperity for the countries who sign on. In reality, they are a step off a cliff of perpetual servitude, and is at that edge right now. There is nothing FREE about FREE TRADE - we all pay dearly. As the Hon. Paul Hellyer says bluntly, "CETA’s official name is Comprehensive Economic and Trade Agreement. But it should be called Cleverly Executed Takeover Agreement, because that exactly what it is." CETA is more than a trade agreement - it is a powerful tool used by the global corporate elite to essentially take control of sovereign nations and render them as subjects to a global power structure. The world has changed. WHAT USED TO TAKE ARMIES TO ACCOMPLISH NOW IS DONE BY THE PEN, IN SECRET, AND WITHOUT A SHOT FIRED. Our adversary is not some foreign land or nation; it is a stateless, faceless, and enormously wealthy conglomerate of global corporations and powerful dynasties. The CETA Constitutional Legal Challenge is the last remaining hope to stand up and fight this Goliath because if we don't, we will knowingly allow a Trojan horse into our own backyard. Consider this legal challenge as our unified stand against the enemy at the gate.

What is the Goal of the Challenge and the Fundraiser?

The goal of the CETA Constitutional Legal Challenge is to stop any further implementation of CETA as trade law and to roll back any changes that have been made though the Canadian courts. The goal of the fundraiser is to continue to finance the CETA Constitutional Legal Challenge. As of January 10th, 2017, a total of $65,000 has been spent to launch the court action. The total estimated costs to see this through to a successful conclusion, a victory in court and the halting of CETA, is $350,000 Canadian. Your help in accomplishing this goal is needed and essential.

Is the CETA Constitutional Legal Challenge the last hope to stop CETA?

The CETA Constitutional Legal Challenge was launched as to provide concerned Canadians with a last hope and opportunity to stop the CETA trade agreement from coming into full power and implementation. All other avenues to stop CETA since its initial negotiations began on May 6, 2009 at the Canada-EU Summit in Prague have failed. No amount of public protest, lobbying or any other social campaign or initiative can stop CETA now. It is our understanding that this CETA Constitutional Legal Challenge is the ONLY REMAINING OPTION for Canadians at this time.

img
The CETA Constitutional Legal Challenge was first launched in Canada’s federal court on October 21, 2016.  Now that CETA has been ratified, the statement of claim has to be modified and revised and the new version will be filed in federal court. It will ask the court to declare that CETA reaches beyond the powers of parliament’s jurisdiction. In other words, it gives foreign corporations the power to override the Canadian government.

It is anticipated that the government will make every effort to have the case dismissed. If this occurs, a series of appeals from the government (the defendant) and the plaintiffs will follow and the case will eventually be heard in the Supreme Court of Canada.

img

(1) the federal government does not have the constitutional authority to sign, execute and implement treaties without the express prior authority or Parliament through an Act of Parliament; IN LAYMAN'S TERMS:

(2) the vast majority of the CETA articles and their impact encroach on exclusive provincial spheres of jurisdiction protected by the division of powers under the Constitution Act, 1867; IN LAYMAN'S TERMS:

(3) the CETA guts and extinguishes the constitutionally protected Judiciary in Canada by creating foreign tribunals to determine property and legal issues in Canada without any judicial oversight or jurisdiction of the Canadian Courts over the disputes; IN LAYMAN'S TERMS:

(4) various articles of the CETA violate constitutionally enshrined rights in the Charter of Rights and Freedoms, and override Charter guarantees that ground Canada's ability to mount public programs on health, education, social services, and public utilities including the elimination of subsidies, monopolies, and state enterprises for the public welfare. In short, the treaty places the rights of private foreign investors over those of the Canadian Constitution and Canadian citizens. IN LAYMAN'S TERMS:

The treaty is further unconstitutional for the reasons set out in the prayer for relief herein in that it: (i) Relinquishes effective control and jurisdiction over property and civil rights in the provinces to foreign investors and international tribunals; (ii) Grants primary rights to foreign investors and corporations over those of Canadian citizens particularly natural (biological) citizens; (iii) Renders the treaty and investor rights superior to that of the Canadian and provincial governments and removes the jurisdiction for disputes out of Canada from the Canadian courts to an international ( ISDS) tribunal; (iv) Circumvents established and pending treaty rights of aboriginal peoples contrary to, inter alia, to s. 35 of the Constitution Act, 1982; (v) In its implementation, threatens to supersede the impact on all other treaties, ratified and implemented, accruing to the benefits of natural persons. (vi) Above all, the implementation of the CETA trade accord would effectively end any chance that Canadians could use their public bank, the Bank of Canada, as a source of government created debt-free money - an absolute necessity for Canada to become prosperous again.

img

Legal Costs: $325,000 CDN Legal Cost Breakdown: 1. Statement of Claim: $30,000 2. Defend motions and counter with injunctions: $60,000 3. Appeal to Federal Court of Canada: $65,000 4. Leave to appeal to Supreme Court of Canada: $70,000 5. Supreme Court of Canada trial: $100,000

Public awareness and administration costs: $25,000 CAN The public awareness and administration funds raised will go to offset the costs incurred to date for the challenge. It will also help fund maintenance and improvements of the Canadian Bank Reformers platform (CBR) for the CETA Constitutional Legal Challenge. CBR is the upstart activist group spearheaded by Paul Hellyer and other concerned Canadians. Operation and maintenance of the websites, social media platforms, graphic design, video production, event planning and implementation (ie: Ottawa rally, court related travel etc..). Marketing tools such as pamphlets and hand outs are also covered by this funding request. The monies will also go towards actively reach out to news agencies on the CETA , and provide information and interviews on the case.

img

Officials announced the launch of negotiations on 6 May 2009 at the Canada-EU Summit in Prague.

An agreement in principle (on CETA) was signed by Canadian Prime Minister Stephen Harper and European Commission President José Manuel Barroso on 18 October 2013.

The negotiations on (CETA) were concluded.

The trade agreement was officially presented on 25 September 2014 by Harper and Barroso during an EU - Canada Summit at the Royal York Hotel in downtown Toronto. The Canada Europe Roundtable for Business has served as the parallel business process from the launch to the conclusion of the CETA negotiations.

CETA Constitutional Legal Challenge claim filed in federal court by the plaintiffs and represented by constitutional Lawyer Rocco Galati.

Prime Minister Justin Trudeau, European Commission President Jean-Claude Juncker and European Council President Donald Tusk sign the Comprehensive Economic and Trade Agreement (CETA) during the European Union-Canada Leaders’ Summit in Brussels, Belgium.

Bill C-30 Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act first reading in the House of Commons.

Bill C-30 (CETA) Second reading House of Commons.

Standing Committee on International Trade Reporting the Bill with Amendments

Bill C-30 (CETA) Third reading House of Commons and Bill C-30 (CETA) First reading in the Senate

European Parliament voted by a margin of 408 to 254 to approve CETA.

Bill C-30 (CETA) Second reading in the Senate begins

A look into the future - tentative timeline of events

img
img