Compensation Awards under NAFTA

On the post about Harper letting Communist China take over Canada’s oil rights, a blog reader expressed a concern about Harpers new Trade Agreement with China which is anything but a trade agreement. It is a continuation of the NAFTA chapter 11 Compensation madness that gets progressively worse each time they rewrite these new not about trade agreements. First it was NAFTA, then it was the MAI, then it was TILMA and now it’s the Canada China not about trade agreement.

The blog reader suggested we look at compensation awards under NAFTA to see how this concern arises with these trade agreements. When the government is handing over millions of tax dollars to private corporations who want to take away Canada’s democracy and sovereignty that becomes a huge public concern.

The blog reader cited Ethyl Corporation vs The Canadian Government where a private corporation was awarded $20 million because Canada banned a toxic gasoline additive that California also banned. This case is a clear example of how absurd Chapter 11 of NAFTA is and how these trade agreements are not about free trade, they are about giving up our democratic rights and our sovereignty.

Evidently, according to these trade agreements, we are not *allowed* to create a law that protects the environment if such a law would inhibit a corporation’s ability to make a profit. We have seen this in effect in the Ethyl Corporation case. That hearing was held in camera.

I then take the argument to the extreme and present a possible example. If a private corporation wanted to dump nuclear waste in Canada, we would not be allowed to create a law banning it because that would inhibit that corporation’s ability to make a profit. Absurd you say? Yes, but it can happen. Just look at SD Myers Inc. (SDMI) and the Government of Canada.

SDMI is a private corporation located in Tallmadge, Ohio specializing in the disposal of hazardous waste including the disposal of PCP contaminated waste. MYERS Canada was incorporated as an SDMI affiliate in 1993. Their business plan was to dispose of Canada’s stockpile of PCP and to open up the border to make Canada a dumping ground for PCP from the United States.

Canada banned the dumping of PCPs and the company sued Canada under NAFTA Chapter 11. They were awarded $6 million in their second award. Not included legal costs. Stand alone that is absurd. The company wants to import and dump PCPs into Canada, the government says no so they sue the government under Chapter 11 and win. That is not only insane, it is criminal.

You say no one could sue the government for banning the dumping of nuclear waste? Well the did for banning PCPs. This new agreement with China means China could dump nuclear waste in Canada and we couldn’t stop them because these trade agreements become a civil contract that over ride a nations democratic rights.

Insanely enough, if you look at the time line in the SDMI case from paragraph [89] – [93] you will note that Canada reopened the border for PCP disposal and the US closed it. Canada gets sued for something the US government did. That is insane. The US had every right to ban shipping PCPs across the border. Canada getting sued for a decision the US made even more insane. These secret tribunals have nothing to do with law or justice.

If you look at the list, there are many cases of insane awards under Chapter 11 of NAFTA. Take a look at the Sun Belt Water claim. They are suing the Canadian government for $10.5 billion. Billion. Canada claims that application is inactive but the claimant claims it is still active.

This paper from the Faculty of Law at the University of Toronto talks about NAFTA chapter 11 and Canada's environmental sovereignty surrounding Alberta's Water Act. It raises huge concerns. It quotes David MacArthur’s paper "NAFTA Chapter 11: on an Environmental Collision Course with the World Bank?"

All of this reminds us of Vic (Vikileaks) Toews who once said, Anyone who doesn’t support this crime bill supports pedophiles. Then the media points out that the wording of the crime bill states that it gives the police power to place someone under surveillance who has not been accused of committing a crime. He then boldly declares that he was surprised to find that in the bill. What’s the matter didn’t you read it?

That in turn is just like how Michael Moore pointed out how insane the wording of the Patriot act is. He pointed it out to one senator and said what, didn’t anyone read this thing before they passed it? The senator said sit down my son. Let me explain how things here really work. We don’t read most of the bills we pass. He implied they just get a readers digest version from an advisor. Clearly we need to read and oppose these over reaching trade agreements because they in fact are not about free trade.

Political ads paid with tax dollars

How much are these ridiculous political ads costing taxpayers? Attack ads are bad enough. Attack adds when there is no election on is worse and obsessive. These continued political ads that are paid for with tax dollars is not only irresponsible, they are very Big Brother. Governments are supposed to poll the electorate and do as they’re told. They aren’t supposed to spend tax dollars brainwashing the public on how they are supposed to vote. The dark cloud of Harpers’ contradictions continues to choke democracy into bondage.

Canada-China investment deal allows for confidential lawsuits against Canada



The Green Party has set up a web site explaining about the insane trade agreement with China that destroys our democracy and Elizabeth May is sending out an informed response to those who e-mail her concerns about the proposal. The Green party is against it. So is the NDP.

Ottawa turns down Malaysia’s take over of Progress

The proposed $6 billion takeover of Canadian natural gas producer Progress (TSX:PRQ) by Malaysian state-owned energy giant Petronas has hit a potentially lethal snag. Federal Industry Minister Christian Paradis said: "I can confirm that I have sent a notice letter to Petronas indicating that I am not satisfied that the proposed investment is likely to be of net benefit to Canada,"

I guess Malaysia didn’t meet the criteria because it didn’t have enough human rights violations in it’s history. Foreign ownership of Canadian oil is not in the nation’s best interest. Saying no to Malaysia but saying yes to Communist China would be complete hypocracy. Treating China as a business partner means we will sell them our oil. It doesn’t mean we will let them take over our oil rights.

Operation Fast and Furious in the Presidential Debate

People were asking me if I saw the presidential debate. I tried not to. My daughter had it on when I was working on the computer and I heard part of it. I really find it too upsetting to watch. Politicians will tell you what you want to hear to get elected then do what they want when they’re in power.

One blog reader pointed out that Romney mentioned Operation Fast and Furious in the debate. I missed that part and had to take another look at it on Youtube. I find it immensely hypocritical that Republicans in the States are trying to use Operation Fast and Furious to lynch Obama when George Bush did the exact same thing in Operation Wide Receiver. Both operations were wrong.

Yet I find the lack of media coverage about it in Canada to be disturbing. I also find Obama’s response to that question offensive. Romney brings the subject up and Obama responds by smiling and saying next question. The murder of a US border agent and bringing tons of cocaine into the United States is nothing to smile about.

Romney pointed out that the American people have heard very little about why Operation Fast and Furious was put in place and who was responsible for it since the president has exercised his executive privilege over it. Indeed, that is a huge concern. Keeping an unlawful state secret is not only unlawful but in this case is a threat to National Security.

There’s a new riveting TV series on called Last Resort. It is very dramatic and pushes the envelope to the extreme, but the point is that citizens are sworn to protect the constitution not the government. Helping the government break the constitution is treason. Defending the constitution is not.

I’ve said it before and I’ll say it again, the CIA arms dealing, drug trafficking and money laundering is a huge concern and a huge threat to national security as well as national prosperity. It didn’t just magically start in Fast and Furious and in Wide Receiver. Judge Bonner complained about the CIA bringing a ton of cocaine into Florida when he was a DEA agent.

The CIA kept adamantly denying it over and over again. Then when Judge Bonner went on 60 Minutes and documented everything they finally admitted it but said that as the only time and it was a mistake. They were trying to catch the bad guys. That was a lie. They made no attempt to track the cocaine or make any arrests just like in Fast and Furious.

This drug trafficking is non partisan. Barry Seal was deeply involved in the CIA’s drug trafficking and arms dealing out of Mena, Arkansas in support of the contra rebels in Nicaragua when Clinton was Governor of Arkansas under President Bush Sr. Oliver North and Richard Secord were in charge of everything that went in and out of Nicaragua at the time under Iran contra. Bo Gritz and Terry Reed both testified about George Bush Sr.’s role in drug trafficking for the CIA during Vietnam. It is a huge problem that has gone on for generations and has crashed banks as a result.

Income Tax Inequity

My other concern about the Presidential debate is the hypocrisy that continues. Romney kept repeating his plan is to reduce taxes for the middle class. Why does he keep saying that? Because he is telling voters what they want to hear and was caught on hidden camera saying the exact opposite.

I agree, putting a hidden camera on Romney was cheap. Yet his claim that 47% of Americans don’t want to work and won’t vote for him is typical of his real position on the matter. Romney is the rich criminals’ poster boy. There is nothing wrong with being rich. I do not support the redistribution of wealth. My concern is the investment fraud that continues where the rich continue to steal from the working class. The people who have jobs and pay taxes. Stealing tax dollars is wrong. That has nothing to do with not wanting to work. In that case it is the rich criminals who don’t want to work because they are stealing from those who are. As we saw on the cover of the Rolling Stones, that is what Bain Capital was all about.

Michael Moore raised a good point in his movie Capitalism a Love story. Reagan’s tenure as President saw a huge transformation in the nation’s taxation policy that went from one extreme to the other. At one point the rich were paying a huge percentage of income tax. Then after bankers and Wall Street took positions in office, that dramatically change to the opposite extreme where they pay next to nothing in income tax. Donald Trump is one example. Warren Buffett is another. Donald Trump, bragging about not paying any income tax at all is not right. It’s not a sign of being wise and shrewd in knowing tax laws. It is evidence of why the system has gone to the opposite extreme where the rich steal from the poor. This has nothing to do with the poor being jealous of the rich. It’s about everyone paying their fair share.

Warren Buffett pays less income tax than his secretary. He admits that’s wrong. His secretary pays income tax at a rate of 35.8 percent of income, while Buffett pays a rate at 17.4 percent. As we recall, back in the day, the more money you earned the higher the tax bracket that put you in. Seeing this go to the other extreme is disturbing. Not only because it has resulted in a huge amount of lost tax revenue which has compounded the debt, but also because it results in a huge amount of money hidden off shore that could be helping build the American economy. That is the MO of Bain Capital. To evade taxes by investing off shore. That doesn’t help the American economy. Investors shouldn’t be rewarded with tax deductions for doing that.

During the presidential debate, Romney was clear he wanted to maintain this status quo for the rich. That is not going to help repay the debt or rebuild the American economy. Romney’s quote was that the rich keep paying 60% of the tax. When a billionaire is in a much lower tax bracket than his secretary, that is wrong. I’m not saying we should go back to the other extreme where the rich are over taxed. I’m saying all these loop holes where the rich can evade taxes by investing off shore need to be replaced.

Financial Crisis in Canada

Recently there was a doom and gloom report claiming Alberta and Ontario are at high risk for a Greek financial crisis style collapse. These kind of manipulative statements are very disturbing. Of course Canada could see a Greek style financial collapse. We already saw how Earl Brian and the CIA used investment fraud to steal millions from Canadian investors to raise money for the October Surprise.

If it happened then, it could happen again. After all, that is what caused the Greek financial crisis - investment fraud. What was public money became private money, then all of a sudden disappeared. Goldman Sachs was directly involved. Iran contra wasn’t just about selling arms to Iran to free hostages. They paid Iran to keep the hostages until after the election.

The purpose of Iran contra was to sell Iran weapons to raise money to fund the contra rebels in Nicaragua. The purpose of the cocaine trafficking in Iran contra was to raise money for the contra rebels. In Al Martin’s book, the Conspirators, he goes into detail explaining how Jeb Bush instructed him to commit investment fraud to raise money under Iran contra for the contra rebels in Nicaragua. The Agency’s involvement with money laundering and investment fraud is nothing new. It has crashed banks in the past. Banks don’t crash all by themselves. Someone has to break in and steal from them. Usually it’s the people that own the banks who are involved in defrauding them.

Right now I see three problems that need to be addressed: The Agency’s arms dealing and drug trafficking, Tax inequity and investment fraud that is crashing banks and stealing tax dollars. These three things need to be addressed.

Surrey Mayor wants a toll on everything

Why does this not surprise me? Surrey Mayor Dianne Watts says heavy tolls on the Port Mann and Golden Ears bridges are unfair and claims that we need a system that’s fair and equitable. Her solution? Toll everything. Why does this not surprise me? Here’s the person who came out in support of the gas tax now wanting a free for all tax on everything to fund their ever growing expense budget. Seems like she’s adapted a George Bush spending policy since their economic summit. Scary how similar Dianne Watts and Christy Clark are on so many issues.

One North Shore resident wrote in to the Vancouver Province and said: Surrey Mayor Dianne Watts should stick to spending her own residents' money and stop trying to sell more tolls in other areas. They’re absolutely right. Lions Gate bridge had a toll back in it’s day. Just like the Coquihalla. I was actually pleasantly surprise to see the toll had be removed from the Coquihalla this summer now that it has been paid for.

Obviously a new Port Mann bridge needed to be built. The original plan was to twin the bridges but Gordon the Glutton Campbell wanted a King Ramses monument to his era of insider insanity and scrapped that plan for one mega bridge that would cost more than twice as much money. Amazing how politicians like to spend other people’s money and pat themselves on the back as they do so.

I will point out that not only did they fail to make the extra lane on old the Port Mann bridge a counter flow lane, even though they have opened up half of the west bound traffic on the new bridge, the old bridge still sees cars lined up for miles trying to cross two lanes in the morning while three lanes of the old bridge remain empty. Charging anyone a toll for lining up for hours to cross two lanes of traffic in the morning is insane.

Yes the Port Mann needs a modest toll. A smaller toll for a longer period of time would be more prudent. Tolling everything is just another fiscally irresponsible tax grab that should not even be considered. Surrey council needs to get in control of their spending and their expense accounts.

Another insanity is the ever increasing cost and tax burden of Transit. Not having turnstiles like every other city on earth is insane enough. Today on the news it was talking about a red button bus drivers press every time a passenger gets on without paying. They say it was pressed over a million times. Are you kidding me? Fair evasion on Sky Train where there are no turnstiles is bad enough but on a bus where a driver let’s them walk right past? This is insane. Once again we see tax payers subsidizing criminal activity.

Jim Brown’s case cries out for public scrutiny

Ian Mulgrove from the Vancouver Sun just wrote a powerful article about Grant Wakefield, the person who complained about Coquitlam RCMP officer Jim Brown’s bizarre BDSM pictures Brown posted on the Internet. As a result of his complaint, Wakefield's home was searched, his computers seized and he was charged criminally with defamation.

The Mounties said this case was a criminal libel investigation over allegedly defamatory online comments made about RCMP officers, including Brown. Yet the accuracy of Wakefield’s claims has not been tested and that issue is not expected to form part of the judgment. If someone is telling the truth, that is not defamation. For that fact not to be considered means this is not a court of law.

“This is a case that cries out for public scrutiny,” added Michael Bozic, the lawyer for the civil liberties association. “The continuing secrecy around this file is unacceptable,” David Eby, executive director of the BCCLA, said outside the court. “We shouldn’t have to go to court to get this information. Why do we have the police seizing the computers of people who offend police officers? Why can’t the police use the civil trial process like everyone else?”

Sun lawyer Scott Dawson reinforced that message in his submission. “Citizens want to know the RCMP are not using state powers to silence those whose information is critical or embarrassing to the force,” Dawson said.

I agree that this case cries out for public scrutiny. I agree the continued secrecy around the file is unacceptable. I agree citizens want to know the RCMP are not using state powers to silence those whose information is critical or embarrassing to the force. I also agree that Jim Browns BDSM pictures are just the tip of the iceberg. Two names in the article need to be investigated: Robert Pickton and the Big Red Machine.

Jarrod Nicol pleads guilty to cocaine trafficking, again

Jarrod Francis Nicol, 36, was sentenced Wednesday to five years in prison after pleading guilty to trafficking cocaine in September 2008. Jarrod is Central Saanich Police officer Dillon Sahota's son in law.

Nicol was previously convicted in 2001 for trafficking cocaine and the production of marijuana and was convicted earlier this year of possessing heroin and cocaine for the purpose of trafficking in 2009. Dillon Sahota’s son Gopal Sahota, Jarrod’s brother in law, was one of Jarrod’s co accused in that 2009 bust. One of the residences searched in that bust was a home Jarrod was living in that was owned by Dillon and Julia Sahota.

Ken and Greg Brotherston: the family that murders together…

Police say 57-year-old Rick Green followed a couple who had been fighting into the parking lot of the Country Rose pub a week ago. Encouraging the woman to go back inside, witnesses say he told the man to “get in his car and leave.” That’s when Gregory Brotherston, the man arguing with his girlfriend, assaulted the 57 year old man who has died of his injuries.

It is claimed that Gregory Brotherston hit the 57 year old man once with an open hand and the man then "fell and hit his head". I’m sorry but that does not pass the test of believability. Who said that anyways? We know it wasn’t the victim because he was in a coma and has since died. The girlfriend who the dirt bag was arguing with and is no doubt afraid for her safety? I'm sorry but that is not credible testimony.

What is credible is Gregory Brotherston’s past history. May 2008, Greg’s father Kenneth Brotherston Sr. roared up to the West Shore RCMP detachment with a dead body in the back of his four-by-four pickup truck.

Court heard that an agitated Brotherston told a dispatcher he'd had an altercation with a guy with a gun, and put him in the pickup because he'd beaten him. Officers recognized the still-warm body of Taylor, who'd been in and out of trouble and had been released from jail three days earlier. Taylor had been choked to death, his neck broken in three places.

Brotherston was taken into custody. Two days later, his sons, Ken Jr. and Greg, turned themselves in to police. Initially, all three were charged with the first-degree murder of Taylor. At the end of a preliminary inquiry, all three were committed to stand trial for second-degree murder. After hearing the trial, Dillon determined that Brotherston was acting in self-defence and that his sons had merely been protecting their father. According to who? The father and two sons accused of committing the murder? Unfortunately the victim wasn’t able to testify because he was dead.

Yet his body was covered with multiple superficial blunt-force injuries, his body contained drag marks, there were huge cuts on his face, his nose was broken and he had head injuries. "There is no doubt he suffered a tremendous amount of punishment."

The court heard neighbor Ayla Hagreen's call to 911. "Someone's really hurt," she said, telling the dispatcher she heard men fighting, women screaming, things breaking and someone yelling, "leave him, leave him." Three on one, beating the life out of the guy is not self defense. Someone dying because they hit their head after they were hit once with an open hand is not believable.

The question that needs to be asked is what was Ken Sr. doing in a drug house anyways? The court heard that his sons were heavily addicted to drugs and that their victim was a dealer. One source claims the person he murdered was harassing them for money they owed him. The father testified the person he murdered wanted money from them. For what? For the drugs he sold them? Why that’s a nice upstanding family. So tell me, is Greg Brotherston still heavily addicted to drugs? Please advise. The familty that murders together stays [in Hell] together.

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Update: The Victoria Times Colonist is reporting that Greg Brotherston has been charged in connection with a home invasion at a Langford mobile home park on Oct. 6. Yesterday he was charged with Break and enter, assault with a weapon,uttering threats and robbery of William Corlett age 78. Brotherston's lawyer claims his client adamantly denies the attack despite the fact that the victim states he recognized his client as a man he had met a week or two earlier.

At the mobile home park on Wednesday, Corlett said he was awakened about 5 a.m. by a man who held a knife to his throat and demanded money. "He had my wallet and there was no money in it. He wanted the PIN numbers for my debit cards."Corlett said his attacker hit him several times. Corlett, who rides a scooter and requires homecare health services, said he recognized his assailant as a man he had met about a week or two earlier. The RCMP have confirmed the charges against Greg Brotherston. The question that needs to be asked is has Greg Brotherston over come his serious drug addiction? Yes or no.

Shooting at Peace Arch

A Canadian Border Services Agent has been shot today at the Douglas Border Crossing in Surrey. Evidently that border crossing has been closed and traffic is being diverted to the Truck border, Aldergrove or Sumas crossings. Witnesses heard two shots fired around 2:00 PM. Police are stating the suspect has a self inflicted gunshot wound. The CBSA officer was on duty at the Peace Arch border crossing in Surrey when the officer was believed to have been shot by a male suspect who then killed himself. Here's a link to the border web cam to see when it reopens. Kim Bolan ir reporting that is was a female border agent who was shot in the neck by a man reportedly driving a vehicle with Washington plates.

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Update: Police have identified the shooter to be 32 year old Andrew Michael Crews. Crews was a tattoo artist who worked at a parlour in Silverdale, Wash., west of Seattle. He grew up in Las Vegas and recently moved to the area, his co-workers and friends told CTV British Columbia. Lori Bowcock, the Canadian border agent shot in the neck is expected to make a full recovery.

I can’t believe Canadian border agents aren’t armed yet. That is astounding. With all the drugs and gangs crossing the border, not arming the border guards is insane. How are they supposed to defend our border? There’s a plan in place to train and arm the border guards but it still hasn’t happened yet. Astounding.

Rock Machine member dies in Brandon jail

The Brandon Police have confirmed that a 39 year old inmate in the Brandon Correctional Centre was found dead 10:06 AM yesterday morning. Media reports about the death claim the inmate’s name is Jean Paul Beaumont and was a high ranking member of the Rock Machine.

Media reports claim he was the Sergeant at arms for the Winnipeg Rock Machine and had earlier connections to the Hells Angels through the Zig Zag crew before the Hells Angels kicked off the drug war in Winnipeg by murdering one of their own for the Ontario Hells Angels. That event caused several members to leave the Hells Angels and join the rival Rock Machine. Winnipeg has seen a fair bit of gang related violence as a result.

Although I support stiffer penalties for trafficking crack and crystal meth and realize prisons aren’t supposed to be a trip to Disneyland, inmates should not be subject to gang violence in prison. Any violence for that matter. Raping in the showers is not acceptable. Neither is performing a murder for the Hells Angels in prison. [CTV Report]

China’s take over of Canadian oil rights still on the table

Wasn’t it Susan Powter who once said: Stop the Insanity. It’s about time we did. Stephen Harper is still actually considering letting Communist China buy our Canadian oil rights. He just extended the deadline a month. This is insane.

Ever heard of Vietnam? Ever heard of the Korean war? What if Communist China decides to invade another country like Tibet and bring them into bondage? Are we going to supply their tanks fuel to invade other countries? Once we give them our oil rights, we will have to. There was a reason we sent troops to Korea and Vietnam.

Giving Communist China control of our oil is unthinkable. What if Communist China gains control of Canada’s oil and then says, we’re angry at the US and we’re not going to sell them any of Canada’s oil. If we give them control of our oil rights, we will have no say in the matter.



As we speak, China is holding anti American demonstrations. They want to invade an island Japan had before their surrender to the US in the war because it has oil. If Iran did that we would be talking about bombs not giving them control of our oil. As we speak, China recently boycotted a meeting of the International Monetary Fund in Japan to defy Western economic rules. Giving a Communist dictatorship economic power to put sanctions on the free world is insanity at best.

Of the two options, letting the Texans have control of our oil would be a million times better than Communist China. Yet there is a third option. Canada can remain a free and sovereign nation and control it’s own oil. Imagine that.

We can sell oil to China but to give them control of our oil rights is a completely different matter. There are a lot of people in Vancouver of Chinese ancestry. Many of them are here because they disagree with Communism. The Epoch Times is a local and international paper that regularly speaks out against the murder and atrocities committed by Communist China.

As we speak, local officials in the Chinese Communist Party have violently and forcefully evicted people from their homes and property before seizing them in an attempt to make up for local budget shortfalls, according to a report from Amnesty International.

The Epoch Times is reporting that the Chinese state-owned oil company looking to close a record-setting takeover of Calgary-based Nexen is one of China’s most abusive employers, directing its security forces to arrest and imprison Falun Gong adherents. Did you catch that? The company has it’s own security forces that are arresting employees for their freedom of association.

It is highly ironic that the “left wing socialist” NDP cares more about human rights violations in Communist China that Stephen Harper does. If this deal goes through, Stephen Harper will be remembered as the worst Prime Minister in Canadian history. He will be a traitor to the free world.

Chairman Harper or Chairman Mao? Right now it’s hard to tell.

Nine Commentaries on the Communist Party [Video]