The Return of ACTA: U.S. Dictating Canada’s Intellectual Property Laws

By Dana Gabriel

In March, the Canadian government introduced a bill that would bring about sweeping changes to its copyright and trademark laws. This includes giving more power to customs and border protection agents without any judicial oversight. The move is intended to prevent counterfeit goods from entering the country, but has been criticized for being less about protecting Canadians and more about caving to American demands. With the U.S. dictating global intellectual property standards, the new legislation represents the return of ACTA and would pave the way for Canada to ratify the controversial international treaty.

Over the years, the U.S. has been critical of Canada's efforts in addressing trade in counterfeit goods and has been pressing for intellectual property reform. In the 2009 United States Trade Representative (USTR) Special 301 Report, Canada was placed on a priority watch list of countries that do not provide adequate intellectual property enforcement. As part of its 2013 Trade Policy Agenda, the USTR is now pushing Canada to comply with the Anti-Counterfeit Trade Agreement (ACTA). The multinational treaty is designed to standardize intellectual property laws around the world. Although it has been signed by a number of countries, including Canada, so far only Japan has ratified ACTA. It was the result of public pressure associated with risks to internet privacy and online freedom of speech which lead to ACTA being rejected by the European Parliament in July of 2012. At the time, many assumed that ACTA was dead, but it still remains a top priority for the U.S. and they are attempting to revive the discredited agreement by trying to get the six necessary ratifications for it to come into force. In an effort to satisfy U.S concerns, Canada recently announced legislation which is aimed at bringing them in line with ACTA.

Final Push for a Canada-EU CETA and the Coming NAFTA-EU Free Trade Zone

By Dana Gabriel

Pressure is mounting on Canada to finish up a long-delayed trade deal with the EU. Despite outstanding issues that still must be settled, there is a final push to try and complete an agreement this summer. If both sides are able to secure a deal, it would lay the groundwork for the proposed U.S.-EU trade pact. There is the possibility that the U.S.-EU transatlantic trade talks could also include the other NAFTA partners and maybe even other countries. Mexico has already shown interest in joining and if Canada can’t put the final touches on their own agreement with the EU, they might also be part of the negotiations. This would facilitate plans for a coming NAFTA-EU free trade zone and the formation of a transatlantic economic union.

After almost four years, negotiations between Canada and the European Union (EU) on a Comprehensive Economic and Trade Agreement (CETA) are bogged down in the final stages. Both sides have missed numerous deadlines to wrap things up. There is uncertainty when or if CETA will even get done. Prime Minister Stephen Harper recently tried to boost trade talks. He acknowledged that considerable progress towards a free trade deal has already been achieved, but admitted that there are still important issues that need to be resolved before any agreement can be finalized. Harper also explained that it would be to Canada’s advantage to sign a deal with Europe before the U.S. does. He made the comments while meeting with French Prime Minister Jean-Marc Ayrault who was in Ottawa for an official visit. As part of a joint statement, both leaders said they looked forward to a successful conclusion to CETA negotiations. Before his trip to Canada, Ayrault was sent a letter by civil society groups voicing opposition to CETA and the investor protection chapter that would grant corporations the power to challenge government policies that restrict their profits.

U.S.-EU Trade Deal is the Foundation For a New Global Economic Order

By Dana Gabriel

The U.S. and EU have agreed to launch negotiations on what would be the world's largest free trade deal. Such an agreement would be the basis for the creation of an economic NATO and would include trade in goods, services and investment, as well as cover intellectual property rights. There are concerns that the U.S. could use these talks to push the EU to loosen its restrictions on genetically modified crops and foods. In addition, the deal might serve as a backdoor means to implement ACTA which was rejected by the European Parliament last year. A U.S.-EU Transatlantic trade agreement is seen as a way of countering China’s growing power and is the foundation for a new global economic order.

In his recent State of the Union address, President Barack Obama officially announced that the U.S. would launch talks on a comprehensive Transatlantic Trade and Investment Partnership with the European Union (EU). A joint statement issued by European Commission President Jose Manuel Barroso, European Council President Herman Van Rompuy and U.S. President Obama explained that, “Through this negotiation, the United States and the European Union will have the opportunity not only to expand trade and investment across the Atlantic, but also to contribute to the development of global rules that can strengthen the multilateral trading system.” In a separate speech, European Commission President Barroso also emphasized that, “A future deal between the world's two most important economic powers will be a game-changer. Together, we will form the largest free trade zone in the world. So this negotiation will set the standard – not only for our future bilateral trade and investment, including regulatory issues, but also for the development of global trade rules.”

Growing Opposition to the Canada-EU Trade Agreement

By Dana Gabriel

With the final rounds of negotiations sessions planned for September and October, Canada and the EU are closing in on a free trade deal that would go far beyond the reach of NAFTA. Meanwhile, there is growing opposition to the agreement as the whole process has lacked openness, transparency and any public consultations. In Canada, there are concerns over the threat it poses to local democracy. This includes fears of deregulation and privatization, as well the expansion of corporate investor rights. There are also warnings that the deal could be used as a backdoor means to implement ACTA which was rejected by the European Parliament in July.

As the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) talks near their end, the Council of Canadians continue to voice their opposition to the deal. While I don’t agree with their position on some different issues, they have been championing the fight against CETA. In an effort to counter misleading statements made by the Conservative government regarding the trade pact, they have released the report, the CETA Deception. Trade campaigner, Stuart Trew explained how this is an effort to, “challenge the government’s reassurances that its EU trade deal will not affect public health or environmental regulations, will not allow foreign corporations to challenge public policy, will not undermine public services or municipal democracy, will not increase drug prices or hurt Canada’s supports for arts and culture. In each case, the government’s position is either misleading or demonstrably false.” As a result of the threat CETA poses to local sovereignty, a growing number of Canadian municipalities have passed resolutions seeking more information and a greater say in negotiations with some also requesting to be excluded from the agreement.

FLASHBACK: Spreading NAFTA's Love Across the Atlantic

(Originally published in October of 2008)

By Dana Gabriel


Canada and the European Union (EU) are set to begin preliminary discussions on deeper economic integration a mere three days after the election. It has been reported that the proposed trade deal will far exceed NAFTA. Some see this as an opportunity to possibly update the 15 year-old accord. Stephen Harper is busy telling Canadians that only a Conservative majority government will be able to bring confidence back and stabilize the economy. That is why I find it a little strange that this has not become a pillar of the Conservatives economic platform. Harper has decided not to release the full text of the draft proposal until after the election on October 14. The reality is that such an agreement with the EU will be no different than NAFTA in the sense that it will be used to further advance corporate interests.

For the past several months, Canadian officials have been hard at work negotiating with EU representatives. They have compiled a detailed study that will be unveiled after the election. Talks could begin as early as October 17 at a summit in Montreal , with formal negotiations set to begin in 2009. Just as the case with the Security and Prosperity Partnership (SPP) labour, citizen groups and the public at large have been excluded from any discussions. Many support this trade initiative because they wish to lessen Canada’s dependency on the American economy. This agreement has a better chance of succeeding if Harper is re-elected Prime Minister. There still remains much secrecy surrounding trade talks with the EU, and up to this point, Harper appears to be reluctant to make this an election issue.

From NAFTA to CETA: Canada-EU Deep Economic Integration

By Dana Gabriel


Canada and the European Union (EU) have already held five rounds of negotiations towards a Comprehensive Economic and Trade Agreement (CETA) which will go beyond NAFTA. With the sixth round of talks scheduled to take place in Brussels, Belgium from January 17-21, Canadian and EU officials remain optimistic that a deal could be finalized by the end of 2011. Thus far, negotiations have included key areas such as goods, rules of origin, services, investment, government procurement, as well as others. As talks enter their final crucial stages, there are growing concerns over the threat CETA poses to Canadian sovereignty. Coupled with the financial turmoil sweeping Europe, deep economic integration with the EU could prove disastrous.

In a recent article Maude Barlow, national chair of the Council of Canadians, points out the dangers Canada faces with the current CETA trade model. She warns that, “CETA will open up the rules, standards and public spending priorities of provinces and municipalities to direct competition and challenge from European corporations.” Barlow goes on to say, “Europe is seeking a comprehensive and aggressive global approach to acquiring the raw materials needed by its corporations. At its heart, this deal is a bid for unprecedented and uncontrolled European access to Canadian resources.” She also added, “CETA will likely have a NAFTA-type investor-state enforcement mechanism, which means that European corporations will have the same right that U.S. companies now enjoy to sue the Canadian government if it introduces new rules to protect the environment.” If CETA includes something similar to NAFTA's Chapter 11 which gives corporations the power to challenge laws and regulations that restrict their profits, U.S. and Mexican companies could benefit from any rulings that favour the EU. Ultimately, like NAFTA and other trade deals, CETA will further serve corporate interests.

Expanding U.S.-Canada Security and Economic Partnership

By Dana Gabriel


In recent years, U.S.-Canada border issues have been overshadowed by concerns surrounding illegal immigration and drug violence on the southern border. Earlier this summer, both countries agreed to work towards a more joint approach to border security aimed at addressing common threats and promoting economic cooperation.

In July, Public Safety Minister Vic Toews and U.S. Department of Homeland Security Secretary Janet Napolitano, “met to advance a strategic dialogue on developing a shared vision for border security for Canada and the United States—one that will enhance security and resilience against common threats, while bolstering competitiveness and job creation.” A number of initiatives were announced, including an agreement to complete a joint threat and risk assessment which, “addresses drug trafficking and illegal immigration, the illicit movement of prohibited or controlled goods, agricultural hazards, and the spread of infectious disease.” In addition, a memorandum of understanding on cross-border currency seizures and information sharing was signed that, “will help to identify potential threats and assist in money-laundering and terrorist-financing investigations and prosecutions.” Increasingly, Canada is being pressured to further take on U.S. security priorities in an effort to keep trade flowing across the northern border.

Advancing the Transatlantic Agenda

By Dana Gabriel


Although there is a need for Canada to expand its trade horizons, the Comprehensive Economic and Trade Agreement (CETA) currently being negotiated with the European Union (EU) appears to be based on the flawed NAFTA model. Many view it as an opportunity to decrease its trade reliance on the U.S., but it could serve to accelerate the corporate takeover of the country. The deal would exceed NAFTA in its scope and with the third round of negotiations scheduled for April 19-23 in Ottawa, there are lingering concerns regarding its lack of transparency. A Canada-EU CETA could be used to expand NAFTA, strengthen U.S.-EU economic relations and further advance the transatlantic agenda.

Some believe that the recent Canada-U.S. Agreement on Government Procurement is an important step in providing protection for future bilateral trade relations, but in the process it opens up provincial and municipal contracts to foreign corporations. Maude Barlow and Stuart Trew of the Council of Canadians criticized the Conservative government for giving up too much and receiving too little. In an collaborative article they emphasized that, “The provinces have been loath to sign the WTO's Government Procurement Agreement and did not agree to include subnational procurement in NAFTA because they could lose too much say in how public money is spent without getting any new access to the U.S. market..” They went on to say, “We believe the Buy American controversy provided Harper and the provinces, who are actively engaged in ambitious free-trade talks with Europe, with an opportunity to restructure the Canadian economy to reduce the role of our communities in setting spending priorities.” As part of the proposed CETA with Canada, one of the EU’s top objectives includes gaining access to procurement and services in areas of health, energy, water, as well as other sectors. The Canada-U.S. Buy American deal is an extension of NAFTA and has set a precedent which could further reinforce EU demands.