On September 16, 2016, the Canadian Communications workers of America (CWA) held “Day of Action Against the Trans-Pacific Partnership (TPP).” To protest the TPP, the CWA organized an academic forum where representatives from Doctors Without Borders, Canadian Environmental Law Association, and Osgoode Hall law professor Gus Van Harten, all discussed how the TPP threatens national sovereignty, health, and the environment.
The TPP involves 12 countries: the US, Canada, Mexico, Australia, New Zealand, Chile, Peru, Japan, Malaysia, Vietnam, Singapore, and Brunei. Its aim is to deepen economic ties with these countries by eliminating or reducing tariffs to encourage trade. Much of the negotiation takes place in secret—in the absence of any democratic process. This gives corporations democratic power and jeopardizes the practice of democracy.
Van Harten stated that the TPP “puts something that has very little to do with trade into trade agreements.” The TPP’s core is made up of the Investor-State Dispute Settlement (ISDS)—a case Van Harten has been following for two decades.
The ISDS is composed of lawyers acting as arbitrators: who work alongside foreign investors to bring claims against countries when they act in ways that are considered unfair by the opposing party. This has not been challenged because international law does little to protect people from abuse against large, powerful parties.
Volunteers were stationed at the entrance of The Great Hall within Hart House where post cards were available to be signed and sent to trade minister Chrystia Freeland to persuade her to go against the TPP. The postcard disclosed views such as “I oppose the TPP because it would: threaten our national sovereignty by giving corporations the ability to override legislation enacted in the public interest,…undermine our democratic process,” and “…hurt our economy by driving down wages and killing thousands of good-paying jobs.”
Van Harten stated, “the ISDS is not a court system, it is independent and not fair.” According to his studies and predictions, the TPP would follow the rules of ISDS, which would create financial risks for the public. He warns that if this trade agreement is to be passed, it would be very hard to reverse and the impact would be detrimental.
Jaqueline Wilson from the Canadian Environmental Law Association stated that the chapters within the TPP are not capable of preserving the environment by “maintaining broad discretion and vague language.” The TPP does not set an environmental standard or leave parties with any requirement to act on environmental protection/initiatives.”
Chapter 20.3 states that parties are able to decide their own participation levels. Within the chapter of the Ozone layer, the language implies that parties are to take measures—without any standard being set. There is no mention of banning ozone-depleting substances.
Free trade deals often neglect involvement with environmental standards. Actual intention to create environmental standards would require the government to legislate at national levels.
Doctors Without Borders Representative, Doctor Nickerson, stated “the TPP acts as a barrier to the medicine needed by patients.” As a medical treatment provider to patients in unstable continents, DWB requires access to tools and medicines in large numbers at low costs.
Nickerson explained that the TPP is a concern for public health because it limits the safe guard in order to allow countries to have flexibility of how they asses patents and new innovations as successful or not. The TPP allows for the abuse of intellectual properties and patents.
The TPP implements far reaching government obligations in regards to patents and broadens/brings in other mechanisms that increase marketing opportunities. This affects new and old medicine prices. The extension of patents to last long after they have expired was “pushed through a back door mechanism” Nickerson stated—which drives the prices of medicines up.
The TPP enforces “evergreening,” which makes it easier to patent minor modifications and lowers the bar of patentability. This abuse of intellectual property allows the innovator to take an existing product and file a new patent for it, which is an easy way for it to remain on the market.
Issues that the TPP employs, such as expanding copyright terms which will limit artistic creativity for the general public and allow corporations to extend profitability, as well as restricting fair use for journalists, which limits the ability to quote copyrighted sources in articles, were not mentioned during the forum.
Following the forum, a student-led information picket was held, as well as a free concert featuring Anti-Flag, Rebel Diaz, and other artists. To get involved by speaking against the TPP, or track other’s opinions, users can follow the #RockAgainstTheTPP hashtag on Twitter.
