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CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-16-06 09:24 PM
Original message
Ont. lumber groups sue over softwood
Two Ontario lumber industry organizations are seeking legal action to force a final ruling under the North American Free Trade Agreement that Canadian lumber is not unfairly subsidized.

The Ontario Lumber Manufacturers Association and the Ontario Forest Industries Association said Tuesday they are filing actions in the U.S. Court of International Trade and U.S. Court of Appeals in the District of Columbia challenging the suspension by the Canadian and American governments of NAFTA panel proceedings on the issue.

"The two federal governments have conspired to prevent Canadian private industry from finalizing a decision of a NAFTA panel for which we fought for four long years," stated Jamie Lim, president of the Forest Industries Association.

David Milton, president of the lumber makers' association, added that the governments are violating their NAFTA obligations because legally "there is no such thing as the suspension of a proceeding in NAFTA."

http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1147778273960&call_pageid=968332188774&col=968350116467
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seriousstan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-16-06 09:33 PM
Response to Original message
1. Who are they suing? The maker of Viagra?
Edited on Tue May-16-06 09:33 PM by seriousstan
Talk about an oxymoron.
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Solon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-16-06 09:36 PM
Response to Reply #1
2. They are suing the US and Canadian governments...
for stopping a NAFTA ruling from superceding their own decisions and legislation in favor of their industry.
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CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-16-06 09:53 PM
Response to Reply #1
4. Lumber groups sue over 'conspired' softwood deal
TORONTO -- Two Ontario lumber industry organizations are seeking legal action to force a final ruling under the North American Free Trade Agreement that Canadian lumber is not unfairly subsidized.

"The two federal governments have conspired to prevent Canadian private industry from finalizing a decision of a NAFTA panel for which we fought for four long years," stated Jamie Lim, president of the Forest Industries Association.

David Milton, president of the lumber makers' association, added that the governments are violating their NAFTA obligations because legally "there is no such thing as the suspension of a proceeding in NAFTA."

The legal action by the two Ontario groups in the Court of Appeals in Washington contends that if the governments are right in refusing to appoint judges to an extraordinary challenge committee, NAFTA itself is unconstitutional because it violates U.S. property due-process rights.

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060516/softwood_sue_060516/20060516?hub=Canada

Good question. Maybe they are suing NAFTA as defined.

Anyway maybe it will come to counting the passports of HC molecules that cross borders. Who knows? But when corporations start fighting about trade deals that they implemented, then something smells rotten in Denmark.
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daleo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-16-06 09:39 PM
Response to Original message
3. I would guess they are suing one or both governments
For violating the terms of the NAFTA treaty, and causing the lumber companies to forfeit about a billion dollars in the process.

"David Milton, president of the lumber makers' association, added that the governments are violating their NAFTA obligations because legally "there is no such thing as the suspension of a proceeding in NAFTA.""

It looks like they are arguing that governments can't just decide to ignore treaties at their pleasure, at least not when it costs big corporations money.

"The legal action by the two Ontario groups in the Court of Appeals in Washington contends that if the governments are right in refusing to appoint judges to an extraordinary challenge committee, NAFTA itself is unconstitutional because it violates U.S. property due-process rights."

Furthermore, if governments just ignore treaties, they are ignoring the fundamental rule of law and due process.

I don't know if they will win, but they have a reasonable case in my opinion.
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Spazito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-16-06 10:26 PM
Response to Original message
5. Good!
This supposed deal Harper is touting is pathetic. He gave away the store when we had won all challenges.
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