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NAFTA - Chapter 11 - Investment

Other Cases Related to NAFTA Chapter 11

Council of Canadians, CUPW and the Charter Committee on Poverty Issues v. the Attorney General of Canada

In March 2001, the Council of Canadians, the Canadian Union of Postal Workers and the Charter Committee on Poverty Issues filed a Notice of Application in the Ontario Superior Court of Justice alleging that the dispute settlement provisions of Chapter 11 violate rights guaranteed by the Canadian Charter of Rights and Freedoms as well as provisions of the Constitution Act relating to the jurisdiction of the courts. The challenge was heard before Madame Justice Pepall of the Ontario Superior Court from January 24 -26, 2005. On July 8, 2005, Justice Pepall dismissed the application in its entirety.

On July 11, 2005, the three Applicants announced they will appeal Madame Justice Pepall’s (Ontario Superior Court) decision, and filed a Notice of Appeal on August 5, 2005.

The Council of Canadians, the Canadian Union of Postal Workers and the Charter Committee on Poverty Issues (the Appellants) filed their factum with the Court of Appeal for Ontario on November 30, 2005. The Government of Canada (Respondent) filed its factum on May 3, 2006.

Commencing Monday June 19, 2006, a three day hearing was held by the Court of Appeal for Ontario to consider the submissions and oral arguments of the Parties.

On November 30, 2006, the Court of Appeal of Ontario, as did the Ontario Superior Court in the first instance, rejected all the arguments made by the Appellants.

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